Walden v. American Bankers' Assurance Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Noto. Eugene McQuillin, Judge. (1) The trial court erred in permitting plaintiff to introduce the writing dated May 24, 1911, because there is a fatal variance between the agreement or contract declared upon in the petition and the writing. 9 Cyc., pp. 750, 751; "Willoughby v. Raymond, 4 Conn. 130; Green v. Cole, 127 Mo. 587; Johnson v. Mining Company, 13 Colo. 258, 5 L. R. A. 269; Pier v. Heinrichoffen, 52 Mo. 335; Gurley v. R. R.,…
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Appeal from St. Louis City Circuit Court.—Noto. Eugene McQuillin, Judge. (1) The trial court erred in permitting plaintiff to introduce the writing dated May 24, 1911, because there is a fatal variance between the agreement or contract declared upon in the petition and the writing. 9 Cyc., pp. 750, 751; "Willoughby v. Raymond, 4 Conn. 130; Green v. Cole, 127 Mo. 587; Johnson v. Mining Company, 13 Colo. 258, 5 L. R. A. 269; Pier v. Heinrichoffen, 52 Mo. 335; Gurley v. R. R., 93 Mo. 450. (2) The court erred in refusing to give defendant’s instructions or declarations of law at the close of…
1Opinion of the CourtNortoni, J.
This is a suit on an express contract to recover a stipulated salary of $50 per week for personal services. Plaintiff recovered and defendant prosecutes the appeal. .
Defendant is an incorporated company, engaged in the business of insuring bank deposits, and it appears that plaintiff pursues the avocation of a solicitor of such insurance. On May 24, 1911, defendant employed plaintiff to represent it in the matter of soliciting applications for insurance. The contract of employment is in writing and conditioned to the effect that plaintiff agreed to devote his ‘ ‘ entire working time…
2Cases cited8 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Haysler v. OwenSupreme Court of Missouri · 1875
- Earp v. TylerSupreme Court of Missouri · 1881
- Cox v. VolkertSupreme Court of Missouri · 1885
- Paul v. Minneapolis Threshing Machine Co.Missouri Court of Appeals · 1901
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