Hyatt v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. The facts are sufficiently stated in the opinion of the court. I. The only cause of action which can be gleaned from the petition is one on a contract to recover for the breach thereof, and the alleged promise is a nudum pactum, which the law will not enforce. State v. County Court, 17 Mo. 507; Smith on Contracts, 167; Chitty on Contracts, 51 a; Graves v. Wait, 59 N. Y. 156; Pierce v. Cursey, 37 Wis. 232. II.
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Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. The facts are sufficiently stated in the opinion of the court. I. The only cause of action which can be gleaned from the petition is one on a contract to recover for the breach thereof, and the alleged promise is a nudum pactum, which the law will not enforce. State v. County Court, 17 Mo. 507; Smith on Contracts, 167; Chitty on Contracts, 51 a; Graves v. Wait, 59 N. Y. 156; Pierce v. Cursey, 37 Wis. 232. II. Independently of contract, there is no such duty imposed by law on defendant as that counted on in this case. And no…
1Opinion of the CourtEllison, J.
A trial of this cause in the circuit court resulted in a verdict for plaintiff for five hundred dollars, and defendant.appeals. The evidence on the part of the plaintiff showed that defendant, through its agent, Lewis, employed plaintiff, with seventy-five or one hundred others, to shovel snow drifts from its track, and agreed to give him one dollar and a half per day and three dollars per. night, for Ms work. The weather being intensely cold, and trains blockaded, defendant was anxious to get the *291track cleared. Plaintiff and others went to work, and got out as far as Cameron by six o’clock…
2Cases cited3 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
3Cited by10 opinions
- Lemos v. MaddenWyoming Supreme Court · 1921
- Moffatt Commission Co. v. Union Pacific Railway Co.Missouri Court of Appeals · 1905
- Richardson v. PalmerMissouri Court of Appeals · 1887
- Koofos v. Great Northern Railway Co.North Dakota Supreme Court · 1918
- Hughes v. Western Union Telegraph Co.Missouri Court of Appeals · 1899
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