Ramlose v. Dollman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. P. B. Fitter aft, Judge. STATEMENT. The suit is on the following contractor’s bond: “Know all Men by these Presents: That Charles Dolhnan as principal and National Surety Company, a Missouri corporation, as security, are jointly and severally held and firmly bound unto Thomas Warren, obligee, in the sum'of nine thousand dollars lawful money of the United States of America, well and truly to be paid to the said Thomas Warren,…
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Appeal from St. Louis City Circuit Court. — Hon. P. B. Fitter aft, Judge. STATEMENT. The suit is on the following contractor’s bond: “Know all Men by these Presents: That Charles Dolhnan as principal and National Surety Company, a Missouri corporation, as security, are jointly and severally held and firmly bound unto Thomas Warren, obligee, in the sum'of nine thousand dollars lawful money of the United States of America, well and truly to be paid to the said Thomas Warren, for which payment well and truly to be made, we bind ourselves, and each of us by himself, our and each of our heirs,…
1Opinion of the CourtBland, P. J.
1. Defendants insist that the motion in arrest should have been sustained on the ground that the petition failed to state any cause of action. Their contention is, that it was essential to the petition that it contain an allegation to the effect that the plaintiff or his assignor had performed all the conditions of the contract imposed on Warren. The rule that requires an allegation of that kind in an action on a contract applies where the contract requires something to be done by the plaintiff as a condition precedent to his demanding performance of the contract on the part of the defendant.…
2Cases cited3 opinions
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Basye v. AmbroseSupreme Court of Missouri · 1862
- State ex rel. Thatcher v. HornerMissouri Court of Appeals · 1884
3Cited by4 opinions
- Padgett v. SmithSupreme Court of Missouri · 1907
- Servco Equipment Company v. CM Lingle CompanyMissouri Court of Appeals · 1972
- Mayer v. Alexander and Baldwin, Inc.Hawaii Supreme Court · 1975
- Biles v. State Farm Mutual Automobile Insurance Co.Court of Civil Appeals of Oklahoma · 1974