Curry v. Whitmore
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Ho». John P. Butler, Judge. (1) TJnder either showing of facts Curry paid the amount of the note to Guest for "Whitmore, and Whit-more received credit for it and agreed to repay it.
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Appeal from Linn Circuit Court. — Ho». John P. Butler, Judge. (1) TJnder either showing of facts Curry paid the amount of the note to Guest for "Whitmore, and Whit-more received credit for it and agreed to repay it. Every principle of law that would hold Whitmore to his contract under one statement of the facts would hold him under the other; so we can see no possible reason why the same result should not follow, and the judgment of the trial court he reversed and the cause remanded for a new trial. (2) The homestead law has no more to do with this case than has the law of gravitation ; and…
1Opinion of the CourtEllison, J.
— Plaintiff brought this action against defendant to recover the sum of eleven hundred dollars. At the close of all the evidence the trial court gave a peremptory instruction for defendant.
Since the case went off on a demurrer we will treat it from the standpoint of the evidence in behalf of plaintiff, without regard to its being contradicted by the evidence in behalf of defendant. It appears that plaintiff and one, Guest, entered into a contract whereby it was agreed that if plaintiff would find a purchaser for Guest (s farm of 110 acres in Chariton county the latter would give the former…
2Cited by9 opinions
- Young v. RuhwedelMissouri Court of Appeals · 1906
- Brigham v. CasonCourt of Appeals of Texas · 1921
- Bird v. BlackwellMissouri Court of Appeals · 1909
- Bird v. RowellMissouri Court of Appeals · 1914
- Wainscott v. HaleyMissouri Court of Appeals · 1914
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