Hedden v. Schneblin
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Son. Levin W. Shafer, Judge. (1) The court erred in refusing a new trial, for the reason the verdict is against the evidence and the weight of the evidence. (2) The agreement by the administrator to pay the debt of his intestate was within the fourth section of the Statute of Frauds and could only be proved by writing. Walther v. Merrill, 6 Mo. App. 370; Bambrick v. Bambrick, 157 Mo. 423; Nunn v. Carroll, 83 Mo.
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Appeal from Vernon Circuit Court. — Son. Levin W. Shafer, Judge. (1) The court erred in refusing a new trial, for the reason the verdict is against the evidence and the weight of the evidence. (2) The agreement by the administrator to pay the debt of his intestate was within the fourth section of the Statute of Frauds and could only be proved by writing. Walther v. Merrill, 6 Mo. App. 370; Bambrick v. Bambrick, 157 Mo. 423; Nunn v. Carroll, 83 Mo. App. 135. (3) Nominal damages only are recoverable for breach of contract to loan money. Lowe v. Turpin, 37 L. R. A. 233 and notes ; 1 Sutherland…
1Opinion of the CourtJohnson, J.
Action for damages resulting from breach of contract. It appears from the allegations of the petition and from the evidence introduced by plaintiff that plaintiff and one Doubet began negotiations for *481the purchase by the former of a dairy stock consisting of cattle, horses, wagons and fixtures and were progressing with them when Doubet, the owner of the stock, died, on the third day of March, 1905, leaving his widow sole heir to his property. A few days after his death, defendant Schneblin, brother-in-law to the widow, qualified as administrator of the estate and the negotiations for the…
2Cases cited19 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Suggett's Administrator v. Cason's AdministratorSupreme Court of Missouri · 1858
- Missouri Real Estate Syndicate v. SimsSupreme Court of Missouri · 1904
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
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3Cited by15 opinions
- Harsha v. State Savings BankSupreme Court of Iowa · 1984
- Labor Discount Center, Inc. v. State Bank & Trust Co. of WellstonMissouri Court of Appeals · 1975
- Glatt v. Bank of Kirkwood PlazaNorth Dakota Supreme Court · 1986
- Farabee-Treadwell Co. v. Union & Planters' Bank & Trust Co.Tennessee Supreme Court · 1916
- Pipkin v. Thomas & Hill, Inc.Supreme Court of North Carolina · 1979
10 more not listed; retrieve them via the Exa API.