Robinson v. Siple
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) A party can not sue on one contract and recover on another. Broning v. Walburn, 45 Mo. 477; Smith v. Shell, 82 Mo. 215; Crum v. Cummings, 69 Mo. 325; Feurth v. Anderson, 87 Mo. 354; Sisneyv. Arnold, 28.Mo. App. 568. (2) A suit brought by a party upon a contract made for his benefit by one assuming to act as his agent, is a ratification of the contract and is equal to a previous authorization.
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Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) A party can not sue on one contract and recover on another. Broning v. Walburn, 45 Mo. 477; Smith v. Shell, 82 Mo. 215; Crum v. Cummings, 69 Mo. 325; Feurth v. Anderson, 87 Mo. 354; Sisneyv. Arnold, 28.Mo. App. 568. (2) A suit brought by a party upon a contract made for his benefit by one assuming to act as his agent, is a ratification of the contract and is equal to a previous authorization. In such cases, the principal, seeking an enforcement of the contract is answerable for any fraud perpetrated in making it. Mechem,…
1Opinion of the CourtBurgess, J.
This is an action for $6,000, alleged to have been the agreed price for a tract of land owned by plaintiff, and conveyed by him, at the request of defendants, to one Owens, in payment for a herd of horses purchased by defendants from Owens, and to foreclose a mortgage on said horses, executed by defendants to plaintiffs to secure the payment of the purchase price *213for said land. The defendants are W. H. Eobinson, E. Siple, Gr. W. Siple and Walter D. Beanblossom.
The petition, leaving off the formal parts, is as follows: ‘ ‘Plaintiff states that on the — day of August, 1892, defendants were…
2Cases cited11 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hammond v. . PennockNew York Court of Appeals · 1874
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Taylor v. ShortSupreme Court of Missouri · 1891
- Melton v. SmithSupreme Court of Missouri · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wilson v. HundleySupreme Court of Virginia · 1898
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Carson v. SmithSupreme Court of Missouri · 1896
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Chrisman & Sawyer Banking Co. v. Hartford Fire InsuranceMissouri Court of Appeals · 1898
13 more not listed; retrieve them via the Exa API.