Hoover v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jwines Gibson, Judge. (1) “From plaintiff’s own testimony, it thereby appeared that they expected to sign and contemplated signing the written contract alleged by defendant at the time they delivered the cattle; hence, as a matter of law, the written contract governed.” Railway v. Byers, 73 S. W. 428; Railway v. Gallagher, 70 S. W. 97; McClurg v. Whitney, 82 Mo. App. 630-1; Tuggles v. Callison, 143 Mo. 536; Gann v. Railroad, 65 Mo.
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Appeal from Jackson Circuit Court. — Hon. Jwines Gibson, Judge. (1) “From plaintiff’s own testimony, it thereby appeared that they expected to sign and contemplated signing the written contract alleged by defendant at the time they delivered the cattle; hence, as a matter of law, the written contract governed.” Railway v. Byers, 73 S. W. 428; Railway v. Gallagher, 70 S. W. 97; McClurg v. Whitney, 82 Mo. App. 630-1; Tuggles v. Callison, 143 Mo. 536; Gann v. Railroad, 65 Mo. App. 670. (2) The demurrer ought to have been sustained for the evidence of the plaintiff shows that he had waived all…
1Opinion of the CourtEllison, J.
— Plaintiff was a stock shipper over -defendant’s road to the market at Kansas City. He engaged cars of defendant and placed his cattle therein, and they were to be taken out on defendant’s first train for Kansas City on the morning'of the 11th of December so as to arrive in that city in time for the early market ■of that day. Defendant failed to take them on the first train, as its agent verbally agreed with plaintiff that it wrould; but did take them on a second train, which arrived too late for the best of the market, whereby plaintiff was damaged, etc. The judgment in the trial was for…
2Cases cited3 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Miller v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
3Cited by8 opinions
- Continental Life Ins. Co. v. SmithNew Mexico Supreme Court · 1936
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
- Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Luckey v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Meriwether v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
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