Wilt v. Hammond
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Hon. Arch A. Johnson, Judge. (1) Because this being a suit based in the petition upon a modification of the written contract, and there being an absolute absence of any evidence tending to show a consideration for said modification, plaintiff failed to make out his case and defendant’s demurrer should have been sustained. McFarland v. Heim, 127 Mo. 333; Wear v. Schmelzer, 92 Mo.
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Appeal from Greene County Circuit Court. — Hon. Arch A. Johnson, Judge. (1) Because this being a suit based in the petition upon a modification of the written contract, and there being an absolute absence of any evidence tending to show a consideration for said modification, plaintiff failed to make out his case and defendant’s demurrer should have been sustained. McFarland v. Heim, 127 Mo. 333; Wear v. Schmelzer, 92 Mo. App. 323; Gratb v. Mound City Roofing Tile Co., 121 Mo. App. 249'; Zerr v. King, 121 Mo. App. 292; Moomaw v. Emerson, 80 Mo. App. 322; Wilson v. Russler, 91 Mo. App. 281;…
1Opinion of the CourtSturgis, J.
This suit is for damages for breach ■of a written contract, alleged to .have been modified by parol, to sell ice to plaintiff during the year 1911. The ■defendants were manufacturers of ice and the plaintiff was contracting the same under his trade name for sale at retail. The written contract is as follows: “April 3, 1911. Hammond Brothers, party of the first part, agrees to furnish the Clinton Wilt Ice & Fuel Co., ■of Springfield, Mo., party of the second part, 800 tons (eight hundred tons) of ice at $4.50 per ton; this ice to be delivered to their wagons at such places as we may designate.…
Also in this document: Concurrence.
2Cases cited25 opinions
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- McMahan v. GeigerSupreme Court of Missouri · 1880
- Macfarland v. HeimSupreme Court of Missouri · 1895
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
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3Cited by9 opinions
- Tennessee Fertilizer Co. v. International Agr. Corp.Tennessee Supreme Court · 1921
- Mount Vernon Car Manufacturing Co. v. Hirsch Rolling Mill Co.Supreme Court of Missouri · 1920
- Green v. WhaleySupreme Court of Missouri · 1917
- Gee v. NiebergMissouri Court of Appeals · 1973
- Davis v. CulmerMissouri Court of Appeals · 1927
4 more not listed; retrieve them via the Exa API.