McNees v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. The original petition in this case was, in all respects, the same as the amended petition hereinafter set out in full, with one exception.
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Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. The original petition in this case was, in all respects, the same as the amended petition hereinafter set out in full, with one exception. The original petition alleged that the contract sued on was made “prior to the first day of July, 1882;” the amended petition alleged that the contract was made “on, or about, the first day of July, 1882.” The amended petition was as follows: “Plaintiff, for his amended petition, states that the defendant on the first day of July, 1882, long prior thereto, ever…
1Opinion of the CourtHall, J.
The court properly denied the motion to make the petition more certain and definite. The petition alleged everything material to the plaintiff’s cause of action. That was sufficient.
It was immaterial whether the contract alleged in the petition was verbal or written. The contract was alleged. That allegation would have been sustained by proof of either a verbal or a written contract. It was not necessary to set out the evidence in the petition.
It was not necessary to allege in the petition that the ■contract was made by the defendant through an agent, or who that agent was. The allegation…
2Cases cited2 opinions
- See v. CoxSupreme Court of Missouri · 1852
- Sanders v. AndersonSupreme Court of Missouri · 1855
3Cited by6 opinions
- Bayles v. Kansas Pac. R'y Co.Supreme Court of Colorado · 1889
- Richard Brown & Son Contracting Co. v. Bambrick Bros. Construction Co.Missouri Court of Appeals · 1910
- Anstee v. OberMissouri Court of Appeals · 1887
- Moormeister v. HannibalMissouri Court of Appeals · 1914
- Wright v. Berry Iron & Steele Co.Missouri Court of Appeals · 1923
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