Link v. Hathway
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The agreement in the written contract of June 21, 1906, to “furnish repairs, ordinary wear and tear excepted,” obligated the defendant to rebuild and repair, after a partial destruction by fire. Hoy v. Holt, 91 Penn. 88, 36 Am. Rep. 659; Beach v. Crain, 2 N. Y. (2 Comst.) 86, 49 Am. Dec. 369; Polack v. Pioche, 35 Cal. 416, 95 Am.
Read the full summary
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The agreement in the written contract of June 21, 1906, to “furnish repairs, ordinary wear and tear excepted,” obligated the defendant to rebuild and repair, after a partial destruction by fire. Hoy v. Holt, 91 Penn. 88, 36 Am. Rep. 659; Beach v. Crain, 2 N. Y. (2 Comst.) 86, 49 Am. Dec. 369; Polack v. Pioche, 35 Cal. 416, 95 Am. Dec. 115; Scott v. Scott, 18 Gratt (Ya.) 166; Ross v. Overton, 3 Cal. 309, 2 Am. Dec. 552; Gath weight v. Callaway Co., 10 Mo. 663. (2) Where a contract is not expressed in precise terms, the court…
1Opinion of the CourtGray, J.
On November 7, 1906, the plaintiff commenced suit against the defendant in the circuit court of Howell county, by filing a petition containing nine counts. The answer of the defendant was a denial of the different counts in plaintiff’s petition, and with five counterclaims set forth in his answer. When the suit was commenced, an attachment writ was sued out in aid thereof by the plaintiff, and certain property of the defendant seized. In due time the defendant filed his plea in abatement to the attachment and a trial was had on the issues thus made before a jury in the Howell County Circuit…
2Cases cited23 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Utley v. HillSupreme Court of Missouri · 1900
- Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
- Wattles v. South Omaha Ice & Coal Co.Nebraska Supreme Court · 1897
18 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commercial Electrical Supply Co. v. Missouri Commission Co.Missouri Court of Appeals · 1912
- Williams v. BernathCourt of Appeals of Georgia · 1939
- Sparks v. Lead Belt Beer Co.Supreme Court of Missouri · 1960
- Missouri Pacific Railroad v. Sonken-Galamba Corp.Missouri Court of Appeals · 1925
- Estate of Fields v. Estate of HendersonMissouri Court of Appeals · 1928
1 more not listed; retrieve them via the Exa API.