McNeely v. Duff
Supreme Court of Kansas
E/rror from Brown Distriot Court. Action by Duff&Ellson against MoNeely, on written agreements. Judgment for plaintiffs, at the February term, 1889. Defendant brings error. The opinion states the facts. There is little or no dispute in the evidence as to the $400 being paid and indorsed on the contract of April 25, 1887, under a mutual mistake, and on the belief of McNeely that there was as much as $1,400 due William Plank from the railway company on the April board bills.
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E/rror from Brown Distriot Court. Action by Duff&Ellson against MoNeely, on written agreements. Judgment for plaintiffs, at the February term, 1889. Defendant brings error. The opinion states the facts. There is little or no dispute in the evidence as to the $400 being paid and indorsed on the contract of April 25, 1887, under a mutual mistake, and on the belief of McNeely that there was as much as $1,400 due William Plank from the railway company on the April board bills. There was no legal obligation on the part of McNeely to pay anything thereon, and the fact that $400 was advanced before…
1Opinion of the Court
Opinion by
Strang, C.:
Action was brought in this case upon two distinct written agreements, as follows:
“682. St. Joseph, Mo., April 25, 1887.
“ I agree to pay Messrs. Duff & Ellson $682 out of William Plank’s board bill for April, 1887, provided the board bill amounts to $1,400, and the C. K. & N. Railway Company pays it to me. J. D. McNeely.”
*490“St. Joseph, Mo., May 12, 1887.
“Messrs. Duff & Ellson: You will please let F. Plank have what meat he may want to run the boarding house in Horton, from the first of May to further orders, and I will pay you for the same. J. D. McNeely.”
These transactions…
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