David v. B. L. Fry Manufacturing Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. Franklin Ferriss, Judge. (1) The plaintiff can only recover, if at all, on the cause of action set forth in the petition. Perry v. Barnett, 18 Mo. 144; Reed v. Bott, 100 Mo. 62. (2) It was ‘error to hold that the receipt hy the secretary-treasurer of a corporation of $2500 in payment of twenty-five shares of stock owned by the president and secretary-treasurer as individuals, was a receipt hy the corporation.
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Appeal from the Circuit Court of the City of St. Louis. — Hon. Franklin Ferriss, Judge. (1) The plaintiff can only recover, if at all, on the cause of action set forth in the petition. Perry v. Barnett, 18 Mo. 144; Reed v. Bott, 100 Mo. 62. (2) It was ‘error to hold that the receipt hy the secretary-treasurer of a corporation of $2500 in payment of twenty-five shares of stock owned by the president and secretary-treasurer as individuals, was a receipt hy the corporation. Even if defendant’s officers had represented that the corporation owned stock and would buy it hack, such representations…
1Opinion of the CourtBeckeb, J.
Plaintiff's petition is in three counts. The first count states a cause in equity, its object being the reformation of the contract on which the action is based, which contract in effect was the employment of the plaintiff by the defendant as assistant superintendent of its factory, upon consideration of the plaintiff purchasing twenty-five shares of the capital stock of the defendant company for the price of $2500. Plaintiff alleged that the written agreement entered into omitted by mutual mistake of the parties, one of the terms agreed upon to the effect that plantiff at his option, within…
2Cases cited9 opinions
- Chrisman-Sawyer Banking Co. ex rel. Simpson v. Independence Wool Manufacturing Co.Supreme Court of Missouri · 1902
- Wilson v. Torchon Lace & Mercantile Co.Missouri Court of Appeals · 1912
- Chetlain v. Republic Life InsuranceIllinois Supreme Court · 1877
- St. Louis Carriage Manufacturing Co. v. HilbertMissouri Court of Appeals · 1887
- Boley v. Sonora Development Co.Missouri Court of Appeals · 1907
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3Cited by2 opinions
- Botz v. HelveringCourt of Appeals for the Eighth Circuit · 1943
- State Ex Rel. Huffman v. Sho-Me Power Co-OperativeSupreme Court of Missouri · 1947