Hicks v. Hoos
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The demurrer to the evidence ought to have been sustained. The condition of the bond was that the $6, U00 loaned on the property should all be used in the erection of “four dwelling-house buildings,” so that the actual cost of the construction of said buildings should be $6,000. A breach of this condition was alleged.
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Appeal from, the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The demurrer to the evidence ought to have been sustained. The condition of the bond was that the $6, U00 loaned on the property should all be used in the erection of “four dwelling-house buildings,” so that the actual cost of the construction of said buildings should be $6,000. A breach of this condition was alleged. The only evidence offered by plain tifE was that such houses could be built for a less sum. This did not establish that $6,000 had not been used in their erection, or that their actual cost was not that sum.…
1Opinion of the CourtEllison, J.
This action is on a bond in the sum of $5,000, with the following condition : ‘ ‘ The condition of the [above obligation is'such that, whereas the above-bounded John J. Hoos is indebted to said Charles R. Hicks in the sum of $6,000, borrowed money, and has executed notes evidencing said indebtedness, secured by deeds of trust of even date herewith and duly recorded. Now, if the said John J. Hoos shall well and truly keep each and every part of the promises on his part hereinafter made, then this obligation to be void ; otherwise of full force and effect. It is agreed that the sum of money…
2Cases cited8 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Port v. JacksonNew York Supreme Court · 1819
- Carter v. PriorSupreme Court of Missouri · 1883
- State v. DodsonSupreme Court of Missouri · 1880
- Shaw v. ShawSupreme Court of Missouri · 1885
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3Cited by7 opinions
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- Columbus Coal Co. v. MitchellMissouri Court of Appeals · 1910
- Sosman & Landis v. ConlonMissouri Court of Appeals · 1894
- Hax & Brother v. HaxMissouri Court of Appeals · 1900
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