Smith v. Williams
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. William H. Martin, Judge. (1) The statement, “for services rendered per contract,” was wholly insufficient to constitute a cause of action, or sustain a judgment and defendant’s objection to the introduction of any evidence under the statement and the pleadings should have been sustained by the trial court. Watkins v. Donnelly, 88 Mo. 322; Seligman v. Rogers, 113 Mo. 660; Braskears v. Stork, 46 Mo-. 221; Carson v. Waller, 104 Mo.
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Appeal from Moniteau Circuit Court. — Hon. William H. Martin, Judge. (1) The statement, “for services rendered per contract,” was wholly insufficient to constitute a cause of action, or sustain a judgment and defendant’s objection to the introduction of any evidence under the statement and the pleadings should have been sustained by the trial court. Watkins v. Donnelly, 88 Mo. 322; Seligman v. Rogers, 113 Mo. 660; Braskears v. Stork, 46 Mo-. 221; Carson v. Waller, 104 Mo. App. 621. (2) There must be an offer and an acceptance. The acceptance must be absolute, unambiguous, unequivocal, without…
1Opinion of the CourtBroaddus, P. J.
The plaintiff began this suit in the probate court against the defendant as the executor of the will of John W. Smith, deceased, on the following demand:
“The Estate of J. W. Smith, "Deceased, to Kenneth Smith, Dr.
To $240.00 which deceased owed the claimant since the year 1887 ..................$240.00
To interest on $240.00 at 6 per cent since the year 1887 ........................ 259.20
To services rendered as per contract from October 5,1901, to October 5,1902 .......... 200.00
To services rendered as per contract from October 5, 1902, to October 5, 1903 .......... 200.00
To services rendered…
2Cases cited8 opinions
- Brashears v. StrockSupreme Court of Missouri · 1870
- Seligman v. RogersSupreme Court of Missouri · 1893
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Brown v. SmithMissouri Court of Appeals · 1905
- Arnold v. CasonMissouri Court of Appeals · 1902
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