Pulitzer Publishing Co. v. McNichols
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. Cause certified to Supreme ’Court. (1) If tlie consideration of a contract, either in whole or in part, be illegal, this defeats the entire contract, and it is immaterial whether the contract itself discloses such illegality, or it be established by evidence aliunde. Downing v. Ringer, 7 Mo. 585; Sumner v. Summers, 54 Mo. 340; Sprague v. Rooney, 104 Mo. 349'; Hagerty v. Ice Mfg.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. Cause certified to Supreme ’Court. (1) If tlie consideration of a contract, either in whole or in part, be illegal, this defeats the entire contract, and it is immaterial whether the contract itself discloses such illegality, or it be established by evidence aliunde. Downing v. Ringer, 7 Mo. 585; Sumner v. Summers, 54 Mo. 340; Sprague v. Rooney, 104 Mo. 349'; Hagerty v. Ice Mfg. Co., 143 Mo. 238; Fair Ass’n v. Carmody, 151 Mo. 566; Bick v. Seal, 45 Mo. App. 475 ; Friend v. Porter, 50 Mo. App. 89; Malone v. Fidelity Co., 71…
1Opinion of the Court
ALLEN, J. —
This action was begun before a justice of the peace, by plaintiff filing the following state ment:
“Plaintiff says that defendant by the written contract of September 30, 1907, filed as a part hereof, agreed to advertise in plaintiff’s paper and to pay *715therefor at the rate of sixteen cents per line, if 25,000 lines were used in a period of one year from September 30, 1907, or at the regular card rates charged by plaintiff for advertising, if less -than 25,000 lines were used in said year. Plaintiff further says that defendant did thereafter use advertising space in plaintiff’s paper…
2Cases cited32 opinions
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Keller v. WebbMassachusetts Supreme Judicial Court · 1878
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
27 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Porter v. Canyon County Farmers' Mutual Fire InsuranceIdaho Supreme Court · 1928
- Howell v. Connecticut Fire InsuranceMissouri Court of Appeals · 1923
- Interior Linseed Co. v. Becker-Moore Paint Co.Supreme Court of Missouri · 1918
- Northcutt v. McKibbenMissouri Court of Appeals · 1942
- Morey v. FeltzMissouri Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.