Rogers v. Gosnell
Supreme Court of Missouri
Error to Jackson County Circuit Court. I. The ground upon which the demurrer was sustained was that, the contract being a sealed instrument, no action could be maintained upon it by plaintiffs, who were not parties to the contract. The precise question has not yet been decided by this Court, but has only been decided as far as contract's not under seal are concerned.
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Error to Jackson County Circuit Court. I. The ground upon which the demurrer was sustained was that, the contract being a sealed instrument, no action could be maintained upon it by plaintiffs, who were not parties to the contract. The precise question has not yet been decided by this Court, but has only been decided as far as contract's not under seal are concerned. (Meyer vs. Lowell, 44 Mo., 328.) (See also Lawrence vs. Eox, 20 N. Y., 268 ; Farley vs. Cleveland, 4 Cowen, 432.) The question as to contracts under seal has more recently been decided in New York, and the decisions say, may be…
1Opinion of the CourtAdams, Judge
On the 18th of June, 1868, the de^nda^s entered into a contract under seal with John B. Worhall and others, for the purchase of a certain tract of land in Jackson county, and agreed therein to pay as part of the purchase money of said land, the sum of one hundred and fifty dollars to the plaintiffs, the said sum of one hundred and fifty dollars being one-half of the commissions due them by said Wornall & Co.
The plaintiff sued the defendant on this sealed contract, and on the stipulation therein to pay them the $150.00, due them as commissions from the vendors, Wornall and others. The…
2Cases cited9 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Robbins v. AyresSupreme Court of Missouri · 1847
- Flanagan v. HutchinsonSupreme Court of Missouri · 1871
- Van Schaick v. . Third Avenue R.R. Co.New York Court of Appeals · 1868
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3Cited by54 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Bekken v. Equitable Life Assurance Society of the United StatesNorth Dakota Supreme Court · 1940
- Webster v. FlemingIllinois Supreme Court · 1899
- Rogers v. GosnellSupreme Court of Missouri · 1875
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