T. E. Law & Co. v. Paxton
Missouri Court of Appeals
Error to Caldwell Circuit Court. — Hon. Joshua W. Alexander, Judge. ■ (1) The petition fails to state facts constitutive of a cause of action. Plaintiff was not prevented carrying out Ms contract by tbe Act of God, tbe law or tbe defendant. 1 Am. and Eng. Ency. of Law (2 Ed.), 588; Haynes v. Baptist Cburcb, 88 M'o. 290. (2) Tbe finding and judgment are against tbe' law and evidence. Wrigbt v. Fullerton, 60 Mo.
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Error to Caldwell Circuit Court. — Hon. Joshua W. Alexander, Judge. ■ (1) The petition fails to state facts constitutive of a cause of action. Plaintiff was not prevented carrying out Ms contract by tbe Act of God, tbe law or tbe defendant. 1 Am. and Eng. Ency. of Law (2 Ed.), 588; Haynes v. Baptist Cburcb, 88 M'o. 290. (2) Tbe finding and judgment are against tbe' law and evidence. Wrigbt v. Fullerton, 60 Mo. App. 451; Harrison v. Railroad, 74 Mo. 364; Jones v. Water Works Co., 65 Mo. App. 388; Vincent v. Harrison, 58 Mo. App. 497. (3) Tbe duty on plaintiffs, having been imposed by their…
1Opinion of the CourtEllison, J.
The plaintiffs contracted in writing to drill a well for defendant which would- afford him not less than thirty barrels of water per day. The place for the well was to be, and was, selected by defendant and he was to pay fifty cents per foot for depth of dirt and one dollar per foot for depth of stone. The defendant was to furnish casing for the well and was to board , the plaintiffs’ employees needed in the prosecution of the work. There was no exception in the contract and so far as shown by its face the engagement to drill the well was absolute.
• Plaintiffs prosecuted the work through…
2Cases cited9 opinions
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Whittemore v. SillsMissouri Court of Appeals · 1898
- Haynes, Spencer & Co. v. Second Baptist ChurchSupreme Court of Missouri · 1885
- Thompson & Son v. BrownSupreme Court of Iowa · 1898
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3Cited by1 opinion
- Morris v. PerkinsMissouri Court of Appeals · 1980