Lawson v. Muse
Missouri Court of Appeals
Appeal from Howell County Circuit Court. — Eon. W. N. Evans, Judge. (1) Under the law, failure or refusal to execute the notes tendered according to the contract, matured the obligation to pay the full amount subscribed by defendant and gave appellant a legal right to sue. C. Aultman v. Daggs, 50 Mo. App. 280. (2) The notes . tendered were in strict compliance with the terms and conditions of the contract.
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Appeal from Howell County Circuit Court. — Eon. W. N. Evans, Judge. (1) Under the law, failure or refusal to execute the notes tendered according to the contract, matured the obligation to pay the full amount subscribed by defendant and gave appellant a legal right to sue. C. Aultman v. Daggs, 50 Mo. App. 280. (2) The notes . tendered were in strict compliance with the terms and conditions of the contract. The terms “joint and severable” as used in the contract are synonymous with the terms, “jointly and severally” as used in the notes. If there is any distinction between the terms employed,…
1Opinion of the CourtFarrington, J.
The record presented to us in this case fails to disclose on what theory the trial court arrived at the judgment rendered, and the respondent has failed to shed any light on the question by not briefing the case.
The petition was filed before a justice of the peace on a contract. It states that this contract was signed and executed on May 9, 1912. There is an admission in the abstract showing that the suit was brought before the justice on April 12, 1912. The opening sentence of the abstract of the record shows that the case was lodged on appeal from the justice’s court, in the circuit court…
2Cases cited4 opinions
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
- C. Aultman & Co. v. DaggsMissouri Court of Appeals · 1892
- Chicago Bldg. & Manuf'g Co. v. GrahamCourt of Appeals for the Fifth Circuit · 1896
- Martin v. HurleyMissouri Court of Appeals · 1900