Pitt v. Gentle
Supreme Court of Missouri
Error to Louisiana Court of Common Pleas. The subscription paper was a mere proposal to donate, and not an express promise or agreement to pay, as required by the statute (Wagn. Stat. 270, § 6), and constitutes mo valid obligation which can be made the foundation of a suit.
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Error to Louisiana Court of Common Pleas. The subscription paper was a mere proposal to donate, and not an express promise or agreement to pay, as required by the statute (Wagn. Stat. 270, § 6), and constitutes mo valid obligation which can be made the foundation of a suit. (Baird v. Thayer, 8 Blackf. 146; Ephraim v. Murdock, 7 Blackf. 10; Breeze R. 103 ; 8 Mass. 138, 292 ; 11 Mass. 114.) A request cannot be implied from the beneficial nature of the services to the subscribers. (Hamilton College v. Stewart, 1 Comst. 581.) There is no proof of acceptance by plaintiff. (9 Pet. 662 ; 11 Mass.…
1Opinion of the CourtBliss, Judge
This suit was brought upon the following paper, signed by defendant and others: “We, the undersigned, propose to donate *75to J. D. Pitt, Edwin James and John G-oldsberry the sums set opposite our names, to be used for the purpose of rebuilding a woolen mill in the town of Frankfort, Mo.”
It is shown that a mill belonging to the persons named had been burned, and to induce them to rebuild, this subscription was circulated among the neighbors ;■ that the signers were not interested in the property, and that the owners rebuilt the mill, claiming to have done so upon the strength of the aid to be…
2Cases cited4 opinions
- Workman v. CampbellSupreme Court of Missouri · 1870
- Johnston v. Wabash CollegeIndiana Supreme Court · 1851
- Gittings v. MayhewCourt of Appeals of Maryland · 1854
- Koch v. LaySupreme Court of Missouri · 1866
3Cited by11 opinions
- School District v. SheidleySupreme Court of Missouri · 1897
- Underwood Typewriter Co. v. Century Realty Co.Supreme Court of Missouri · 1909
- Trustees of Christian University v. HoffmanMissouri Court of Appeals · 1902
- Gibbons v. GrinselWisconsin Supreme Court · 1891
- University of Des Moines v. LivingstonSupreme Court of Iowa · 1881
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