Mohney v. Reed
Missouri Court of Appeals
Appeal from, the Cass Circuit Court. —How. Chas. W. Sloan, Judge. Statement by the court. The first count of plaintiff’s petition is as follows: “Plaintiff complains and alleges : “(1) That on the fifth day of September, A.' D. 1887, at Cass county, Missouri, by contracts under their hands and seals, defendant contracted and agreed with plaintiff to pay plaintiff the sum of sixteen hundred dollars, upon its completion, for the erection of a two-story frame house with…
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Appeal from, the Cass Circuit Court. —How. Chas. W. Sloan, Judge. Statement by the court. The first count of plaintiff’s petition is as follows: “Plaintiff complains and alleges : “(1) That on the fifth day of September, A.' D. 1887, at Cass county, Missouri, by contracts under their hands and seals, defendant contracted and agreed with plaintiff to pay plaintiff the sum of sixteen hundred dollars, upon its completion, for the erection of a two-story frame house with kitchen, on the farm of defendant, near Eight Mile, in said county, furnishing the material therefor, and to be erected upon…
1Opinion of the CourtEllison, J.
This action is stated in a petition declaring on a written contract for building defendant a house for a price therein specified. Plaintiff alleges that he duly performed all the conditions of the contract except as to the porch roof, the flue in the kitchen, the painting, and a portion of the flooring, which modifications or changes were made at defendant’s request, and for which he agreed to pay. That the contract and its conditions hp duly fulfilled as thus modified. There was a second count on an account for a sum amounting to $51.45.
The answer denied the conditions of the contract had…
2Cases cited6 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Lanitz v. KingSupreme Court of Missouri · 1887
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Gormly v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- Webb v. BidwellSupreme Court of Minnesota · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Barclay v. London Guarantee & Accident Co.Supreme Court of Colorado · 1909
- Moss v. FitchSupreme Court of Missouri · 1908
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- United States v. WalshCourt of Appeals for the Second Circuit · 1902
12 more not listed; retrieve them via the Exa API.