North St. Louis Planing Mill Co. v. Essex
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt Q-. Reynolds, Judge. (1) The petition does not state facts sufficient to ■constitute a cause of action against this appellant, (a) The petition does not show privity of contract between plaintiff and defendant. Bliss, Code Pleading, sec. 220, 284 and 285; 7 Am. and Eng.
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Appeal from St. Louis City Circuit Court. — Hon. Matt Q-. Reynolds, Judge. (1) The petition does not state facts sufficient to ■constitute a cause of action against this appellant, (a) The petition does not show privity of contract between plaintiff and defendant. Bliss, Code Pleading, sec. 220, 284 and 285; 7 Am. and Eng. Ency of Law, p. 104, note 2; Davis v. Clinton W. W. Co., 54 Iowa 59; Eau Claire, St. L. L. Co. v. Banks et al., 117 S. W. 611. (b) It fails to show that the principal in the bond signed or executed the same, and the surety is thereby released. Bjoin v. Anglim, 97 Minn. 326;…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. Appellant urges that the petition does not state facts sufficient to constitute a cause of action for several reasons.(a) The first reason which he urges is that the plaintiff has failed to allege facts from which it may be concluded that it was one of the obligees designated in the bond as “all persons who may become entitled to liens under said contract dated October 4, 1905,” and therefore no privity is shown to exist between the plaintiff and defendants. Appellant’s- position is that, in order for plaintiff to have become “entitled” to a lien under-the…
2Cases cited16 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1875
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Holland v. CunliffMissouri Court of Appeals · 1902
- Gay v. MurphySupreme Court of Missouri · 1896
- Workman v. CampbellSupreme Court of Missouri · 1870
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- Silver v. Fidelity & Deposit Co. of MarylandNew Mexico Supreme Court · 1935
- Greer v. ScearceDistrict Court, W.D. Missouri · 1944
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