Hudson v. Browning
Supreme Court of Missouri
Appeal from Cole Circuit Court. — lion. B. A. Breuer, ■Special Judge. (1) In an action for a breach of contract, the first point necessary for the court to ascertain is whether or not a valid contract was entered into between plaintiff and defendant.
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Appeal from Cole Circuit Court. — lion. B. A. Breuer, ■Special Judge. (1) In an action for a breach of contract, the first point necessary for the court to ascertain is whether or not a valid contract was entered into between plaintiff and defendant. The evidence shows that the plaintiffs went to work under this contract, made a large number of the railroad ties, which were the subject of the contract, and that a large number of these ties were delivered to the defendant and paid for by him. (2) In a case where a plaintiff executed a contract with a railroad company to make and deliver two…
1Opinion of the CourtGeaves, P. J.
Action for damages for alleged breach of contract. By the petition the damages are charged in the sum of $18,082.10. Plaintiffs were tie contractors doing business in Boone and Callaway counties. Defendant is a tie contractor doing business at Kansas City, Missouri. At the close of plaintiffs’ case the court gave a peremptory instruction to find for the defendant, and so entered judgment, from which the plaintiffs have appealed. The crux of the case is the validity or invalidity of the following contract :
“Memoranda of Agreement and Specifications for Cross ties between J. H. Hudson & Phillip…
2Cases cited5 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Crane v. C. Crane & Co.Court of Appeals for the Seventh Circuit · 1901
- Bailey v. AustrianSupreme Court of Minnesota · 1873
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Campbell v. American Handle Co.Missouri Court of Appeals · 1906
3Cited by27 opinions
- E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
- Huttig v. BrennanSupreme Court of Missouri · 1931
- Burger v. City of SpringfieldSupreme Court of Missouri · 1959
- Feinberg v. Pfeiffer CompanyMissouri Court of Appeals · 1959
- Terre Haute Brewing Co. v. DuganCourt of Appeals for the Eighth Circuit · 1939
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