Gabriel v. Akinsville Pressed Brick Co.
Missouri Court of Appeals
Appeal from the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The motion in arrest of judgment should have been sustained. The allegations in petition show that plaintiff is not entitled to recover. It states no cause of action. Bayse v. Ambrose, 32 Mo. 484; 'Eyerman v. Cemetery, 61 Mo. 489; St. Louis v. Cruihshanh, 16 Mo.
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Appeal from the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The motion in arrest of judgment should have been sustained. The allegations in petition show that plaintiff is not entitled to recover. It states no cause of action. Bayse v. Ambrose, 32 Mo. 484; 'Eyerman v. Cemetery, 61 Mo. 489; St. Louis v. Cruihshanh, 16 Mo. App. 495; Davis v. Broton, 67 Mo. 313. (2) The demurrer offered to plaintiff’s evidence and renewed at' the close of the case should have been given. There can be no recovery upon a special contract without proof of performance. Plaintiff had forfeited his…
1Opinion of the CourtGrill, J.
— Plaintiff’s petition states: “That the above named defendants are associated together and doing business under the firm name of The Akinsville PressedBrick Company; that the defendants composing said company, on or about the first day of September, 1892, contracted with and employed him to drill a well for them at the brick works of said company at Akinsville in Morgan county, Missouri, to a depth sufficient to procure two and one-half gallons of water per minute, for and in consideration of $1 per foot for the first one hundred feet, and $1.25 per foot for any depth in excess of one…
2Cases cited6 opinions
- Hosmer v. WilsonMichigan Supreme Court · 1859
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Derby v. JohnsonSupreme Court of Vermont · 1848
- Danforth v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
- Preble v. BottomSupreme Court of Vermont · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Chapman v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1898
- Trammell v. VaughanSupreme Court of Missouri · 1900
- Edwards v. School District No. 73Missouri Court of Appeals · 1927
- Claes & Lehenbeuter Manufacturing Co. v. McCordMissouri Court of Appeals · 1896
- Berthold v. St. Louis Electric Construction Co.Supreme Court of Missouri · 1901
8 more not listed; retrieve them via the Exa API.