Hall v. Chitwood
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ho». Hugh Dabbs, Judge. (1) The written contract of guaranty sued on by the plaintiffs is personal to E. J. Winslow. It does not run to his heirs' or assigns. The condition is that if Winslow should sink a shaft on the drill hole and the same was not found as good as represented the defendant would pay Winslow all expense of sinking the shaft.
Read the full summary
Appeal from Jasper Circuit Court. — Ho». Hugh Dabbs, Judge. (1) The written contract of guaranty sued on by the plaintiffs is personal to E. J. Winslow. It does not run to his heirs' or assigns. The condition is that if Winslow should sink a shaft on the drill hole and the same was not found as good as represented the defendant would pay Winslow all expense of sinking the shaft. The defendant, in making this contract, placed confidence in the judgment, business experience and skill of Winslow and under such circumstances a contract like this when unexecuted is clearly non-assignable. Butts v.…
1Opinion of the CourtEllison, J.
The present action was instituted on defendant’s written agreement to indemnify one E. *571J. Winslow for the expense of sinking a mining shaft in a mineral district in Jasper county if the drill hole theretofore put down was not as represented. Winslow assigned the right to sink the shaft and the indemnity to plaintiffs. They sunk the shaft and, contending that the representations were not true, brought the present action and recovered judgment in the circuit court.
It seems that in that mining district prospect holes are drilled into the earth seeking the discovery of lead or zinc, or both, and…
2Cases cited13 opinions
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Lansden v. McCarthySupreme Court of Missouri · 1869
- Parsons v. Baltimore B. & L. Asso.West Virginia Supreme Court · 1898
- City of St. Louisex rel. Sullivan v. ClemensSupreme Court of Missouri · 1867
8 more not listed; retrieve them via the Exa API.