Taylor v. Penquite
Missouri Court of Appeals
Appeal from Pettis Circioit Court. —IIon. Richard Field, Judge. (1) The court erred in overruling defendant’s objection to the introduction of any testimony. The petition does not state facts sufficient to constitute a cause of action. The court also should have sustained the motion in arrest for that reason.
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Appeal from Pettis Circioit Court. —IIon. Richard Field, Judge. (1) The court erred in overruling defendant’s objection to the introduction of any testimony. The petition does not state facts sufficient to constitute a cause of action. The court also should have sustained the motion in arrest for that reason. The wheat sold in June and the wheat bought in July, at a sum aggregating $7,906.25, was not paid for in whole, or part, and was not to be delivered until in the future. Written contracts, were, therefore, necessary to make these contracts valid (R. S., sec. 2514), and had to be proved…
1Opinion of the CourtSmith, P. J.
This was an action brought by the plaintiff against the defendant in the circuit court of Pettis county by which the plaintiff sought to recover the sum of three hundred dollars and fifty cents.
The petition alleged that the plaintiff was a resident of the city of St. Louis in this state and that he carries on and conducts the business of grain commission merchant.
And for his cause of action, the plaintiff states that on the twenty-ninth day of June, 1886, he, acting as the agent of J. J. Penquite, the defendant, and in accordance with the instructions, and by the authority conferred on him by…
2Cases cited12 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Gardner v. ArmstrongSupreme Court of Missouri · 1862
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Connor v. BlackSupreme Court of Missouri · 1893
- Poplin v. BrownMissouri Court of Appeals · 1918
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- LaFayette Mutual Building Ass'n v. KleinhofferMissouri Court of Appeals · 1890
- Gates v. Chicago & Alton RailroadMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.