Davis & Rankin v. Hendrix
Missouri Court of Appeals
Appeal from the Livingston Circuit Court.—Hon. E. J. Broaddus, Judge. The court erred in construing the contract sued on to create a several obligation only. The contract is joint and several. E. S. 1889, sec. 2384. Davis $ Rankin v. Shafer et al., 50Fed. Eep. 764. The making of a joint promise is implied from the u'se of such words as “we promise,” “we agree,” etc.
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Appeal from the Livingston Circuit Court.—Hon. E. J. Broaddus, Judge. The court erred in construing the contract sued on to create a several obligation only. The contract is joint and several. E. S. 1889, sec. 2384. Davis $ Rankin v. Shafer et al., 50Fed. Eep. 764. The making of a joint promise is implied from the u'se of such words as “we promise,” “we agree,” etc. Lawson on . Contracts, sec. 116. (1) Was the liability of the subscribers to any one of the contracts in evidence joint or several! The following cases hold it was several, not joint. Davis v. Barber, 51 Fed. Eep. 148; Davis v.…
1Opinion of the CourtEllison, J.
This action was begun to recover the balance due on a written contract between plaintiff and defendants. The action was instituted against defendant Hendrix and forty-nine others, they being charged as joint contractors. The contract sued on is as follows:
“Contract and specifications for a combined butter and cheese factory.
“We, Davis & Rankin, party of the first part, agree with the undersigned subscribers hereto, party of the second part, to build, erect, complete and equip, for said party of the second part, a combined butter and cheese factory, at or near Cowgill, Caldwell county, Mo., on…
2Cases cited7 opinions
- Landwerlen v. WheelerIndiana Supreme Court · 1886
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- Price v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1862
- Gibbons v. GrinselWisconsin Supreme Court · 1891
- Leonard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- United States Fidelity & Guaranty Co. v. Iowa Telephone Co.Supreme Court of Iowa · 1916
- Buster v. FletcherIdaho Supreme Court · 1912
- Davis & Rankin Building & Manufacturing Co. v. ViceIndiana Court of Appeals · 1896
- Riffe v. ProctorMissouri Court of Appeals · 1903
7 more not listed; retrieve them via the Exa API.