Lindell v. Rokes
Supreme Court of Missouri
Appeal from JVodaway Circuit Court. There is no mutuality in the conditions of the contract sued on. Lindell does not promise to abstain from drinking intoxicating liquors or beer during the period mentioned in the contract, nor does_ he stipulate to do anything whatever. There is no promise, for á promise shown in the instrument, and it is a nudum pactum. (Burnet, vs. Briscow, 4 Johns., 285 ; 2 Kent Com., 464 ; 1 Sto. Contr., [4 Ed.] § 431; White vs. Bluett, 24 Eng.
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Appeal from JVodaway Circuit Court. There is no mutuality in the conditions of the contract sued on. Lindell does not promise to abstain from drinking intoxicating liquors or beer during the period mentioned in the contract, nor does_ he stipulate to do anything whatever. There is no promise, for á promise shown in the instrument, and it is a nudum pactum. (Burnet, vs. Briscow, 4 Johns., 285 ; 2 Kent Com., 464 ; 1 Sto. Contr., [4 Ed.] § 431; White vs. Bluett, 24 Eng. Law & Eq. Rep., 434; Tylies vs. Dixon, 9 Ad. & El., 693; 1 Pars. Contr., 458, n.'2.) A mere moral obligation is insufficient.…
1Opinion of the CourtWagner, Judge
This was an action commenced by the plaintiff against the defendant on a promissory note, of which the following is a copy:
*251“ $50. Maryville, Mo., July 1, 1872.
I promise to pay Charles Lindell fifty dollars ($50) March 1st, 1873, if he, during the time from July 1st, 1872, to March 1st, 1873, will not use intoxicating liquors and beer of any kind.
H. Rokes.”
The cause was tried before a jury, and evidence was adduced showing that plaintiff had not used intoxicating liquor or beer of any kind during the period specified in the note, and there was a verdict and judgment in his favor.
Defendant…
2Cases cited2 opinions
- Hempler v. SchneiderSupreme Court of Missouri · 1852
- Crow v. HarmonSupreme Court of Missouri · 1857
3Cited by25 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Wolford v. PowersIndiana Supreme Court · 1882
- Allen v. ChouteauSupreme Court of Missouri · 1890
- Thompson v. McCuneSupreme Court of Missouri · 1933
- Underwood Typewriter Co. v. Century Realty Co.Supreme Court of Missouri · 1909
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