Caruthers v. Williams
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. Jambs H. Lay, Judge. (1) The court erred in admitting the testimony of defendant, Williams, as to his efforts to get a machine to thresh the flax, as also the testimony of Ellege, Poe, Williams and Wolfe as to such efforts. A man’s efforts to pay rent when due is no defense for a failure to pay. An effort to perform a contract. is no justification or defense for not performing it.
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Appeal from the Bates Circuit Court. — Hon. Jambs H. Lay, Judge. (1) The court erred in admitting the testimony of defendant, Williams, as to his efforts to get a machine to thresh the flax, as also the testimony of Ellege, Poe, Williams and Wolfe as to such efforts. A man’s efforts to pay rent when due is no defense for a failure to pay. An effort to perform a contract. is no justification or defense for not performing it. This proposition is elementary and hardly needs citation of authorities. Chitty on Contracts, p. 627; Parsons on Contracts [6 Ed.], sec. 2, p. 636, and note, and p. 672.…
1Opinion of the CourtSmith, P. J.
This case was here on a former occasion when the judgment, which was for defendant, was reversed and cause remanded on account of certain errors referred to in the opinion which will be found reported in 53 Mo. App. 181. The case has been retried and a like judgment has been again rendered by the circuit court from which plaintiff has appealed.
The plaintiff complains that the circuit court erred in permitting testimony to go to the jury tending to show the efforts made by the defendant to procure a machine to thresh the flax. One of the issues made by the affidavit and plea in abatement was…
2Cases cited3 opinions
- Price v. ColeTexas Supreme Court · 1872
- Toler v. SeabrookSupreme Court of Georgia · 1869
- Caruthers v. WilliamsMissouri Court of Appeals · 1893
3Cited by3 opinions
- Kunz v. NelsonUtah Supreme Court · 1938
- McClanahan v. PayneMissouri Court of Appeals · 1900
- Curtis v. TylerCourt of Appeals of Kansas · 1901