National City Bank of St. Louis v. Taylor

(after stating the facts as above). The court gave the defendants’ and refused the plaintiff’s requested peremptory instruction. Error is assigned upon the two rulings. Thus there are presented for our consideration the two questions: (1) Do the facts show an undertaking upon which a right of action could arise in favor of the plaintiff? and (2) If so, does the proof show such undertaking to be obligatory of performance, or not, upon the defendants? Each of these propositions is denied' by the defendants. And it is of iegal requirement that they both must be sustained by the proof in order to…