Muehlbach v. Missouri & Kansas Interurban Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. O. A. Lucas, Judge. The instrument on which the suit is based never became a contract binding on the defendant, for the reason that it was never signed by both parties of the second part or. delivered as a contract. Brown v. Rice, 29 Mo. 322; Gann v. Railroad, 65 Mo. App. 670; Green v. Cole, 103 Mo. 70; McCauley v. Schatzley, 88 N. E. Rep. (Ind.) 972; Barber v. Burrows, 51 Cal. 404 ; 51 Cal. 473; Fish v. Johnson, 16 La.
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Appeal from Jackson Circuit Court. — Eon. O. A. Lucas, Judge. The instrument on which the suit is based never became a contract binding on the defendant, for the reason that it was never signed by both parties of the second part or. delivered as a contract. Brown v. Rice, 29 Mo. 322; Gann v. Railroad, 65 Mo. App. 670; Green v. Cole, 103 Mo. 70; McCauley v. Schatzley, 88 N. E. Rep. (Ind.) 972; Barber v. Burrows, 51 Cal. 404 ; 51 Cal. 473; Fish v. Johnson, 16 La. Ann. 29; Wilcox v. Saunders, 4 Neb. 569; Crittenden v. Armour, 45 N. W. Rep. (Iowa); 888; McDaniel v. Anderson, 19 S. C. 211; Arnold…
1Opinion of the CourtJohnson, J.
— This suit, commenced in the circuit court of Jackson county, November 27,1909, is for the recovery of the agreed compensation plaintiffs claim defendant was to pay them for the use of their land for a right of way of a railroad owned and operated by defendant. On December 7, 1909, plaintiffs instituted another suit against defendant in the same court on a promissory note of $1460 dated January 9, 1908, due eighteen months after date and bearing interest at six per cent per annum from January 1, 1909. It appears from the petition in both cases as well as from the answers filed by defendant…
2Cases cited8 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
- American Publishing & Engraving Co. v. WalkerMissouri Court of Appeals · 1901
- Gay v. MurphySupreme Court of Missouri · 1896
- Edwards v. GildemeisterSupreme Court of Kansas · 1899
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3Cited by4 opinions
- Rainier v. MastersOregon Supreme Court · 1916
- Hayes v. CommissionerCourt of Appeals for the Tenth Circuit · 1947
- State ex rel. Goodman v. Regent Laundry Co.Missouri Court of Appeals · 1916
- Tobacco Growers Co-Operative Ass'n v. MossSupreme Court of North Carolina · 1924