Kinnerk v. Philadelphia Ball Club
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Selden P. Spencer; Judge. (1) The court erred in bolding that tbe petition did not state facts sufficient to constitute a cause of action against defendant. "Williams v. Railroad, 112 Mo. 463, and cases there cited; re-affirmed, 153 Mo. 487; Eldridge v. Eisber, 59 Mo.
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Appeal from St. Louis City Circuit Court. — Son. Selden P. Spencer; Judge. (1) The court erred in bolding that tbe petition did not state facts sufficient to constitute a cause of action against defendant. "Williams v. Railroad, 112 Mo. 463, and cases there cited; re-affirmed, 153 Mo. 487; Eldridge v. Eisber, 59 Mo. App. 53; Blaine v. Publishers:' George Knapp & Co., 140 Mo. 241. (2) There being substantial evidence to support the allegations of plaintiff’s petition, it was a question of fact for the jury to decide, upon all the evidence, whether or not plaintiff’s assignor did comply with…
1Opinion of the CourtBland, P. J.
Suit was commenced by the filing of the following complaint in a justice’s court in the city of St. Louis:
“That heretofore, to-wit: on the ninth day of March, 1897, one Lave N. Cross and defendant entered into a contract in writing, by which defendant agreed to pay to the said Lave N. Cross, the sum of two thousand one hundred dollars for service to be rendered as baseball player for the playing season of 1897.
“Plaintiff states it was further provided in an extra stipulation in said contract, that in the event of the manager of the party of the first part (this defendant) certifying at the…
2Cases cited3 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Neenan v. DonoghueSupreme Court of Missouri · 1872
3Cited by1 opinion
- Cann v. Rector of Church of the RedeemerMissouri Court of Appeals · 1905