Davis v. Dunn
Missouri Court of Appeals
Appeal from. Livingston Circuit Court. — Hon. Joshua? W. Alexander} Judge. (1) While a person, for whose benefit a contract is made, between other parties, may enforce such promise, against the promissor, yet to enable him to do so, such promise must be an absolute and unconditional promise, based upon a valid consideration.
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Appeal from. Livingston Circuit Court. — Hon. Joshua? W. Alexander} Judge. (1) While a person, for whose benefit a contract is made, between other parties, may enforce such promise, against the promissor, yet to enable him to do so, such promise must be an absolute and unconditional promise, based upon a valid consideration. The clause in the contract, for the purchase of the stock of goods, was not an unconditional promise, on the part of the defendants, to pay plaintiff’s debt, but it was merely an agreement “to pay out of the proceeds and purchase price of said goods, the debt, which…
1Opinion of the CourtEllison, J.
Plaintiff brought this action for rent alleged to be due him for a store building in the town of Wheeling. He prevailed in the trial court. It appears that plaintiff OAvned a building which he had rented to James Collins who left therein a stock of merchandise. There was due to plaintiff from Collins as rent the sum of $192.50 when Collins sold his stock to *493these defendants, the sale being evidenced by a written contract in which defendants agreed to pay eighty per cent of the cost of the goods, furniture and fixtures (to be ascertained by an invoice) and which contained an additional…
2Cases cited5 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Crowe v. . LewinNew York Court of Appeals · 1884
- Malanaphy v. Fuller & Johnson Mfg. Co.Supreme Court of Iowa · 1904
- Raithel v. SmithSupreme Court of Missouri · 1878
3Cited by7 opinions
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Johnson v. MaierMissouri Court of Appeals · 1916
- Duncan v. NowellArizona Supreme Court · 1925
- Anderson v. Gibbs Lumber Co.Supreme Court of Oklahoma · 1932
- L. & A. Scharff Distilling Co. v. Springfield Coal, Ice & Transfer Co.Missouri Court of Appeals · 1914
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