Pratt & Co. v. Langston Mercantle Co.
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Son. W. N. Evans, Judge. (1) It devolved upon appellants to show a full compliance with the terms of the contract on its part before it was entitled to recover. Having failed in this, the demurrer to appellants’ testimony should have been sustained. Freeman v.' Aylor, 62 Mo. App. 613; Billups v. Daggs, 38 Mo.
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Appeal from Howell Circuit Court. — Son. W. N. Evans, Judge. (1) It devolved upon appellants to show a full compliance with the terms of the contract on its part before it was entitled to recover. Having failed in this, the demurrer to appellants’ testimony should have been sustained. Freeman v.' Aylor, 62 Mo. App. 613; Billups v. Daggs, 38 Mo. App. 367. (2) The instrument offered in evidence was the single obligation of Walter Pratt & Co., without surety, payable in another State, and did not come within the meaning and intendment of the contract. In construing a contract the intention of…
1Opinion of the Court
BLAND. P. J.
On March .10, 1902, plaintiffs, a copartnership, and defendant, a. corporation, made and entered into the following contract:
“Profits Guaranteed.- — Walter Pratt & Co', hereby guarantee that the purchaser’s gross profits from the sale of the perfumery and toilet preparations under this order and hereafter purchased of said firm, will not be less than 33 1-3 per cent of the amount of this order each year for a period of three years from the date of invoice, and the said Walter Pratt & Co. further agree and hold themselves bound, at the end of each year, if the gross amounts do not…
2Cases cited3 opinions
- Davenport v. County of DodgeSupreme Court of the United States · 1882
- Courand v. VollmerTexas Supreme Court · 1868
- Rawson v. TaylorNebraska Supreme Court · 1903
3Cited by5 opinions
- Stifel Estate Co. v. CellaMissouri Court of Appeals · 1927
- Fred W. Wolf Co. v. Northwestern Dairy Co.Washington Supreme Court · 1909
- Elgin Jewelry Co. v. Withaup & Co.Missouri Court of Appeals · 1906
- Karsh v. Fidelity Union Casualty Co.California Court of Appeal · 1932
- In re the Probate of the Will of KonasNew York Surrogate's Court · 1957