Taylor v. Sebastian
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The statute does not prohibit option dealing absolutely. In order that the instruction be proper, it would have to appear that the instrument sued on is prohibited by the above statute. All the evidence tended to show that the transaction in question was lawful. The circumstances attending the transaction are to be considered. Dierling v. Sloop, 67 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The statute does not prohibit option dealing absolutely. In order that the instruction be proper, it would have to appear that the instrument sued on is prohibited by the above statute. All the evidence tended to show that the transaction in question was lawful. The circumstances attending the transaction are to be considered. Dierling v. Sloop, 67 Mo. App. 446. It further appears from the evidence that the offer of defendant was sent to and was accepted in the' .city of Chicago, Illinois, in which event the above…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — The parties assume that the trial court forced plaintiff to take a nonsuit because it believed that upon plaintiff’s evidence no delivery was intended and the transaction was a mere wager and void. We will first consider the action of the court from that standpoint. At the outset we may say that the contract in suit does not come within the denunciation of section 4780, Revised Statutes 1909. That section denounces as gambling and void “all purchases and sales or pretended pur*153chases and sales, or contracts and agreements for the purchase and sale, of . . . grain,…
2Cases cited6 opinions
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
- State v. GritznerSupreme Court of Missouri · 1896
- Williams v. TiedemannMissouri Court of Appeals · 1878
- Kent v. MiltenbergerMissouri Court of Appeals · 1883
- Atwater v. A. G. Edwards Brokerage Co.Missouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Minter v. Tootle, Campbell Dry Goods Co.Missouri Court of Appeals · 1915
- Elmore-Schultz Grain Co. v. StonebrakerMissouri Court of Appeals · 1919
- Wolfskill v. American Union Life InsuranceMissouri Court of Appeals · 1943
- Deisel-Wemmer-Gilbert Corp. v. David Chalmers Tobacco Co.Missouri Court of Appeals · 1937