Morgan v. National Pump Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. The first error is that plaintiff’s petition filed in the court below doesi not state facts sufficient to constitute a cause of action in favor of the plaintiff and against - the defendant, National Pump Company. 1 Wait’s Act. and Def., p. 155; Warner v. Bennett, 31 Conn. 468; Smith v. Jewett, 40 N. H. 530; Adams’ Eq., 350 note; Carlson v. Segog, 62 N. W. Rep. 1132; Adams’ Eq. [5 Am.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. The first error is that plaintiff’s petition filed in the court below doesi not state facts sufficient to constitute a cause of action in favor of the plaintiff and against - the defendant, National Pump Company. 1 Wait’s Act. and Def., p. 155; Warner v. Bennett, 31 Conn. 468; Smith v. Jewett, 40 N. H. 530; Adams’ Eq., 350 note; Carlson v. Segog, 62 N. W. Rep. 1132; Adams’ Eq. [5 Am. Ed.] 349 and notes; 5 Wait’s Act. and Def., pp. 510, 511, and cases cited; Parmlee v. Adolph, 28 Ohio St. 10; R. R. v. Neighbors, 51 Miss. 412;…
1Opinion of the CourtSmith, P. J.
— This is a suit in equity the object of which was to obtain a decree cancelling a certain written contract hereinafter referred to. There was a decree for the plaintiff in conformity to the prayer of the petition and defendant appealed.
Petition The defendant assails the decree on the ground that it is not warranted by the facts alleged in the petition. The petition alleges that being the patentee of certain valuable patents issued to him under ^ the laws of the United States for a “power conveyor,” apparatus for elevating and equalizing the supply of liquids, and for suction and full…
2Cases cited2 opinions
- Claes & Lehenbeuter Manufacturing Co. v. McCordMissouri Court of Appeals · 1896
- Retzer v. Jacob Dold Packing Co.Missouri Court of Appeals · 1894
3Cited by1 opinion
- Barrington v. RyanMissouri Court of Appeals · 1901