Treadway v. Johnson
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. G-eorge W. Lubke, Judge. The contract between plaintiff and defendant was an express contract, and the very matter in controversy was included therein. In such a case the law does not raise any implied obligation. A person cannot be bound by an implied contract, when he has made an express contract as to the same subject-matter. 1 Chitty on Contracts (11 Am. Ed.) 89; 2 Black. Com. *443; Suits v. Taylor, 20 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. G-eorge W. Lubke, Judge. The contract between plaintiff and defendant was an express contract, and the very matter in controversy was included therein. In such a case the law does not raise any implied obligation. A person cannot be bound by an implied contract, when he has made an express contract as to the same subject-matter. 1 Chitty on Contracts (11 Am. Ed.) 89; 2 Black. Com. *443; Suits v. Taylor, 20 Mo. App. 166, 173 ; Leake on Contracts (1878), 86. The only theory upon which the plaintiff could be entitled to recover the amount he…
1Opinion of the Court
Peers J.,
delivered the opinion of the court.
Plaintiff sued the defendant in the circuit court of the city of St. Louis to recover the sum of two thousand dollars under an alleged contract, the terms of which are set out in the following petition, to-wit:
“Plaintiff states that heretofore, to-wit, about the fifteenth day of June, 1887, there was issued to him certificate number 1, for one hundred and ninety-nine shares of the capital stock of the Forest Park Improvement Association, of the par value of one hundred dollars each ; that on said stock plaintiff paid at or prior to the issuance…
2Cases cited5 opinions
- Johnson v. . UnderhillNew York Court of Appeals · 1873
- Kansas City Planing Mill Co. v. BrundageMissouri Court of Appeals · 1887
- Kellogg v. StockwellIllinois Supreme Court · 1874
- Gavinzel v. CrumpSupreme Court of the United States · 1875
- Davidson v. BiermannMissouri Court of Appeals · 1887
3Cited by1 opinion
- Treadway v. JohnsonMissouri Court of Appeals · 1890