Amonett v. Montague
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. G. II. Burckhaett, Judge. The facts will be found stated in the opinion in volume 63 Mo. Rep. 203. 1. Under the laws of Louisiana, the Montagues, father and son, had complete control of the contract and might rescind or abandon it at. their own arbitrary volition, at anytime before the plaintiff consented to it.
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Appeal from Randolph Circuit Court. — Hon. G. II. Burckhaett, Judge. The facts will be found stated in the opinion in volume 63 Mo. Rep. 203. 1. Under the laws of Louisiana, the Montagues, father and son, had complete control of the contract and might rescind or abandon it at. their own arbitrary volition, at anytime before the plaintiff consented to it. Whatever would be a good defense for the sons against a suit by the father, is equally good, against this action by plaintiff. La. Civil Code, arts. 1884, 1896; Tiernan v. Martin, 2 Rob. (La.) 523; Brandon v. Hughes, 22 La. Ann. 360; Mdchell…
1Opinion of the CourtHough, J.
This case is now here oh the appeal of the defendants-. When it was here before on the appeal of the plaintiff', (63 Mo. 201,) it was decided by this court that the plaintiff' was a competent witness, and that. parol testimony was admissible to ascertain what debts were intended to be provided for by the stipulation of the defendant and his ' brothers contained in the contract between them and their father, R. Y. Montague.
At the first trial the defendant was not offered as a witness. When the case was remanded, the defendant was offered as a witness, but .was not permitted to testify.
When…
2Cases cited6 opinions
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- Rogers v. GosnellSupreme Court of Missouri · 1875
- Brandon v. HughesSupreme Court of Louisiana · 1870
- Amonett v. MontagueSupreme Court of Missouri · 1876
- Mitchell v. CooleySupreme Court of Louisiana · 1843
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3Cited by9 opinions
- R. M. Waggoner v. Herring-Showers Lbr. Co.Texas Supreme Court · 1931
- Wahl v. CunninghamSupreme Court of Missouri · 1928
- Nugent v. CurranSupreme Court of Missouri · 1883
- Williams v. PerkinsSupreme Court of Missouri · 1884
- T. W. Harvey Lumber Co. v. Herriman & Curd Lumber Co.Missouri Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.