Legal Opinion

Montague Compressed Air Co. v. City of Fulton

Missouri Court of Appeals

Decided June 4, 1912PublishedCited by 7 opinions

Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The court erred in admitting evidence of alleged representations by plaintiff’s agent before contract was made. Curtiss v. Waterloo, 38 Iowa, 266; Singleton v. Pore, 7 Mo. 515; Grooch v. Conner, 8 Mo. 391; Adams v. Eailroad, 74 Mo. 553; Crutchfield v. Warrensburg, 30 Mo. App. 456; Savage v. Springfield, 83 Mo.

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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The court erred in admitting evidence of alleged representations by plaintiff’s agent before contract was made. Curtiss v. Waterloo, 38 Iowa, 266; Singleton v. Pore, 7 Mo. 515; Grooch v. Conner, 8 Mo. 391; Adams v. Eailroad, 74 Mo. 553; Crutchfield v. Warrensburg, 30 Mo. App. 456; Savage v. Springfield, 83 Mo. App. 323. (2) The court erred in admitting tbe evidence of Judge N. D. Thurmond as an expert engineer, his own testimony being that he knew nothing about engineering except what Bryan Obear told him. Bonnett v.…

1Opinion of the CourtReynolds, P. J.

— This is an action, the petition in which contains three counts.

The first count alleges a contract between plaintiff and defendant city, the plaintiff a manufacturing corporation, one of the defendants the city of Fulton, a city of this state, the others certain of its officers. For brevity we will hereafter refer to the defendants in the singular, intending by that the city. The contract is in the form of a proposal from plaintiff, accepted by defendant city, and all in writing, under which plaintiff proposed to furnish to the city “two Obear Air Lift Displacement Pumps of the aggregate *18guar…

2Cases cited6 opinions

  1. Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
  2. Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
  3. Marshall v. FergusonMissouri Court of Appeals · 1902
  4. Perkins v. Independent School DistrictMissouri Court of Appeals · 1903
  5. Savage v. City of SpringfieldMissouri Court of Appeals · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Donovan v. Kansas CitySupreme Court of Missouri · 1943
  2. Wright v. Quattrochi.Supreme Court of Missouri · 1932
  3. Fleshner v. Kansas CitySupreme Court of Missouri · 1941
  4. Likes v. City of RollaMissouri Court of Appeals · 1914
  5. Hawkins v. CoxSupreme Court of Missouri · 1933

2 more not listed; retrieve them via the Exa API.

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