Johnson v. Fecht
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. STATEMENT of the case. Lorenz Eeger formerly lived in Audrain county, where he died on the seventeenth day of January, 1900, and after his death the demand which is the subject-matter of this controversy was presented for allowance against his estate, of which William Eecht is administrator. The demand is as follows: “William Eecht, Administrator of Lorenz Eeger, deceased, Dr., to James T. Johnson.
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Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. STATEMENT of the case. Lorenz Eeger formerly lived in Audrain county, where he died on the seventeenth day of January, 1900, and after his death the demand which is the subject-matter of this controversy was presented for allowance against his estate, of which William Eecht is administrator. The demand is as follows: “William Eecht, Administrator of Lorenz Eeger, deceased, Dr., to James T. Johnson. “To damages for failure to convey forty acres of land bought of said Eeger by Johnson, January 5, 1900......$400.00 “To cash paid…
1Opinion of the CourtGoode, J.
We found this case so perplexing that we set it down for a second argument; but notwithstanding an able presentation of both sides by the respective counsel, and our own protracted study of the point involved, we announce our conclusion with diffidence.
The effect of the rulings on the instructions was to require the jury’s verdict to turn exclusively on whether or not Eeger authorized Lee to write the letter relied on as a ratification of the written contract of sale-signed by Hopkins & Ricketts as Eeger’s agents; but the judgment is now sought to be •upheld on broader grounds; to-wit, by…
2Cases cited13 opinions
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Boyd v. PaulSupreme Court of Missouri · 1894
- Fox v. CourtneySupreme Court of Missouri · 1892
- Rutenberg v. MainCalifornia Supreme Court · 1874
- Black & Snyder v. Crowther & AndrianoMissouri Court of Appeals · 1898
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3Cited by3 opinions
- Rosen v. PhelpsCourt of Appeals of Texas · 1913
- Johnson v. FechtSupreme Court of Missouri · 1904
- Eakins v. EakinsCourt of Appeals of Kentucky · 1921