Hunter v. Whitehead
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. I. The contract alleged in the petition to have been made by the parties is denied by the answer. Therefore it must be by the plaintiff established by written evidence. (Wildbahn v. Roubidoux, 11 Mo. 660, 661, and cases cited therein; Claywater v. Tetherow, 27 Mo. 241; Hammond’s Adm’r v. Cadwallader, 29 Mo. 166; 5 Johns.
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Appeal from, Buchanan Circuit Court. I. The contract alleged in the petition to have been made by the parties is denied by the answer. Therefore it must be by the plaintiff established by written evidence. (Wildbahn v. Roubidoux, 11 Mo. 660, 661, and cases cited therein; Claywater v. Tetherow, 27 Mo. 241; Hammond’s Adm’r v. Cadwallader, 29 Mo. 166; 5 Johns. Ch. 1.) The petition of plaintiff charges that the money arising from the sale exceeding the costs was held by defendant below in trust for himself and defendant, which is positively denied by defendant. If such a trust as that charged by…
1Opinion of the Court
Fa«g, Judge,
delivered the opinion of the court.
This suit, tried and determined in the Buchanan Circuit Court, was brought upon an alleged contract between the parties, by which a partnership was formed for the purpose of buying and selling again a certain tract of land described in respondent’s petition. The finding and judgment of that court being in favor of the respondent, the cause was taken to the Fifth District Court, where there was an affirmance of the judgment, and it now comes here by appeal. The allegations of the petition charge the existence of the partnership, the purchase and…
2Cases cited1 opinion
- Bray v. ThatcherSupreme Court of Missouri · 1859
3Cited by9 opinions
- Bates v. BabcockCalifornia Supreme Court · 1892
- Coward v. ClantonCalifornia Supreme Court · 1889
- Meagher v. ReedSupreme Court of Colorado · 1890
- Short v. TaylorSupreme Court of Missouri · 1897
- Spencer v. JonesTexas Supreme Court · 1899
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