Kansas City Sewer Pipe Co. v. Smith
Court of Appeals of Kansas
Appeal from, the Jaclcson Circuit Court. — Host. Turner A. G-ill, Judge. (1) By the written contract between John Thomson and the sewer pipe company, the company became obligated to deliver to Thomson the sewer pipe therein mentioned, and Thomson became obligated to pay the sewer pipe company therefor, according to the terms of said contract.
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Appeal from, the Jaclcson Circuit Court. — Host. Turner A. G-ill, Judge. (1) By the written contract between John Thomson and the sewer pipe company, the company became obligated to deliver to Thomson the sewer pipe therein mentioned, and Thomson became obligated to pay the sewer pipe company therefor, according to the terms of said contract. There is no pretense that the terms of said contract were ever changed, or that Thomson was ever released from his obligation to pay for the pipe, or that there was ever any agreement between Thomson, Smith and the sewer pipe company, whereby Smith was…
1Opinion of the CourtSmith, P. J.
— This was an action brought by the plaintiff corporation, against the defendant, in the circuit court of Jackson county, to recover a balance on an account. It was alleged in the petition, that “at the special instance and request of the defendant and on the credit of said defendant, and his promise and assurance that he would pay plaintiff for the same, the plaintiff sold and delivered to said Thomson, at various times, between the seventh day of December, 1886, and the twenty-ninth day of June, 1887, sewer pipe of various sizes and kinds, of the aggregate value of $3261.24, and that said…
Also in this document: Concurrence.
2Cases cited15 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Barker v. ScudderSupreme Court of Missouri · 1874
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3Cited by6 opinions
- Moore v. McHaneyMissouri Court of Appeals · 1915
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
- Stewart v. PattonMissouri Court of Appeals · 1896
- Chick v. Frey Coal Co.Missouri Court of Appeals · 1899
- New York Store Mercantile Co. v. ChapmanMissouri Court of Appeals · 1899
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