Boyle v. Clark
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henr y M. Ramey, Judge. (1) It is well settled law in this state that a contract with two or more persons, for the payment to them of a sum of money, is a joint contract with all, and all the payees have therein a joint interest, so that no one can sue alone. And the demurrer to the evidence should have been sustained at the close of plaintiff’s case, or at least at the close of all the evidence.
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Appeal from the Buchanan Circuit Court. — Hon. Henr y M. Ramey, Judge. (1) It is well settled law in this state that a contract with two or more persons, for the payment to them of a sum of money, is a joint contract with all, and all the payees have therein a joint interest, so that no one can sue alone. And the demurrer to the evidence should have been sustained at the close of plaintiff’s case, or at least at the close of all the evidence. R. S. 1889, sec. 1994; Par. on Cont. [7 Ed.], 13; Bainey v. Smiser, 28 Mo. 310; Thieman v. Goodnight, 17 Mo. App. 429; Bliss on Code Pleading [2 Ed.],…
1Opinion of the CourtGill, J.
This suit originated before a justice of the peace and was brought to recover a balance due for sawing some logs into lumber. Plaintiff and one *476Gideon jointly operated a saw mill and made an arrangement with defendant to saw some logs, the understanding being that Boyle & Gideon were to have one half the lumber for sawing. Defendant delivered logs which yielded one thousand, six hundred and fifty feet of lumber, but instead of leaving the one half at the mill for Boyle & Gideon, he took it all away, promising, however, to bring other logs from which Boyle & Gideon might get their part. After…
2Cases cited2 opinions
- Lemon v. LloydMissouri Court of Appeals · 1891
- Johnson v. LoomisMissouri Court of Appeals · 1892
3Cited by6 opinions
- Buschmann v. BrayMissouri Court of Appeals · 1896
- Swift v. JohnsonMissouri Court of Appeals · 1913
- Malone v. AdamsMissouri Court of Appeals · 1962
- Walker v. GuthrieMissouri Court of Appeals · 1903
- Cornett v. WoolridgeMissouri Court of Appeals · 1911
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