Stevens v. Crane
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The petition states a good cause of action on'a breach of written contract set forth in the petition which was performed according to its terms by the plaintiff and the condition of its approval by the circuit court, as provided, was waived at the time of its execution,- and it was performed with such waiver from its date to the date of the breach without any objection on the part of the defendant.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The petition states a good cause of action on'a breach of written contract set forth in the petition which was performed according to its terms by the plaintiff and the condition of its approval by the circuit court, as provided, was waived at the time of its execution,- and it was performed with such waiver from its date to the date of the breach without any objection on the part of the defendant. Bobbins v. L(hoards, 18 Mo. App. 307; Bice v. Railroad. 63 Mo. p. 321; Melton v. Smith, 65 Mo. 315; Pond v. Wyman, 15 Mo.…
1Opinion of the CourtBba.ce, J.
In June, 1880, the defendant, Newton Crane, was appointed by the circuit court of the city of St. Louis trustee under the will of Patrick M. Dillon, deceased, duly qualified as such, and thereupon entered into the following contract with the plaintiff:
“St. Louis, Mo., June, 1880.
“It is hereby .agreed between Newton Crane, Esq., and Charles D. Stevens, that the latter is hereby appointed agent of the former by and with permission of the circuit court of the city of St. Louis, and at all times subject to the approval, orders and decrees of said court to attend to such duties and perform such…
2Cited by6 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- International & Great Northern Railway Co. v. SeinTexas Supreme Court · 1895
- Carbough v. StateCourt of Criminal Appeals of Texas · 1906
- Cornwell v. StateCourt of Criminal Appeals of Texas · 1910
- O'Malley v. JordanMissouri Court of Appeals · 1894
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