Hefernan v. Neumond
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. Leo. 8. Rassieur, Judge. (1) (a) The contract sued upon was not admissible in evidence, being without consideration, lacking mutuality and unilateral in form, though signed by both parties. Campbell v. Handle Co., 117 Mo. App. 19; Cold Blast Transportation Co. v. K. C. Bolt & Nut Co., 114 Fed. Rep. 77 ; Iron & Rail Co. v. Railroad, 148 Mo.
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Appeal from the Circuit Court of the City of St. Louis. — Hon. Leo. 8. Rassieur, Judge. (1) (a) The contract sued upon was not admissible in evidence, being without consideration, lacking mutuality and unilateral in form, though signed by both parties. Campbell v. Handle Co., 117 Mo. App. 19; Cold Blast Transportation Co. v. K. C. Bolt & Nut Co., 114 Fed. Rep. 77 ; Iron & Rail Co. v. Railroad, 148 Mo. App. 173; Rehm-Zeiher Co. v. Walker Co., 160 S. W. 777; Brown Paper Box Co. v. Mercantile Co., 190 Mo. App. 584; Hudson v. Browning 264 Mo. 58-65; Hill v. Hunter, 157 S. W. 247; Mutual Film…
1Opinion of the CourtAllen, J.
This is an action to recover for the breach of a written contract upon which, it is alleged, defendants became liable to plaintiff by assuming the same and agreeing to perform the obligations of the other party thereto. It is unnecessary to specially notice the pleadings. The petition is in the usual form. The defenses set up and relied upon will be noticed in the course of the opinion, so far as may appear necessary to a disposition of the appeal.
The trial below, before the court and a jury, resulted in a verdict' and judgment for plaintiff in the sum of $5440, with interest thereon,…
2Cases cited15 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Chambers v. ChambersSupreme Court of Missouri · 1910
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
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3Cited by5 opinions
- Maher v. Donk Bros. Coal & Coke Co.Supreme Court of Missouri · 1929
- Porterfield v. American Surety Co.Court of Appeals of Kansas · 1919
- Heiden v. General Motors Corp.Missouri Court of Appeals · 1978
- Murphy v. Electric Park Amusement Co.Missouri Court of Appeals · 1922
- Babst v. BabstSupreme Court of Kansas · 1930