EAU Claire-St. Louis Lumber Co. v. Banks
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — No». John W. McElhinney, Judge. (1) In support of the proposition, that the contract contained the implied agreement on the part of Contractor Banks to pay plaintiff’s demand, appellant begs to refer to: Krey v. Husmann, 21 Mo. App. 343; Casey v. Gun, 29 Mo.
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Appeal from St. Louis County Circuit Court. — No». John W. McElhinney, Judge. (1) In support of the proposition, that the contract contained the implied agreement on the part of Contractor Banks to pay plaintiff’s demand, appellant begs to refer to: Krey v. Husmann, 21 Mo. App. 343; Casey v. Gun, 29 Mo. App. 24. (2) A long line of decisions in this State has established the doctrine, that a promise made, to another for the benefit of a third person is to be deemed made to the third person, if adopted by him, though such third person was not privy to the consideration, was not named and was…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — It is contended by the learned counsel for appellant, that the contract contained an implied agreement on the part of the contractor Banks to pay plaintiff’s demand, and the appellant accordingly contends that Banks having thus agreed by his contract to pay the demand of plaintiff and having secured by his bond the performance of his contract, in all its several parts and agreements, including his agreement to pay plaintiff and the respondent St. Louis County Trust Company by its bond, which covered the contract of Banks, securing his agreement to pay plaintiff,…
2Cases cited7 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Devers v. HowardSupreme Court of Missouri · 1898
- Hydraulic Press Brick Co. v. School DistrictMissouri Court of Appeals · 1899
- School District ex rel. Koken Iron Works v. LiversSupreme Court of Missouri · 1899
- City of St. Louis v. O'Neil Lumber Co.Supreme Court of Missouri · 1893
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3Cited by10 opinions
- Southwestern Portland Cement Co. v. WilliamsNew Mexico Supreme Court · 1926
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Southern Surety Co. v. ChambersOhio Supreme Court · 1926
- William S. Van Clief & Sons, Inc. v. City of New YorkNew York Supreme Court · 1931
- Williamson v. WilliamsMichigan Supreme Court · 1933
5 more not listed; retrieve them via the Exa API.