Smith v. Crane
Missouri Court of Appeals
Appeal from. Jasper Circuit Court. Division Number One — No». Joseph D. Perkins, Judge. (1) A contract, whether oral or in writing, between the parties may be abandoned and a new contract made to supersede the same, and if so made the suit must be upon the new contract and no suit can be maintained upon the old, and the making of the new contract is a sufficient consideration for the abandonment of the previous contract.
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Appeal from. Jasper Circuit Court. Division Number One — No». Joseph D. Perkins, Judge. (1) A contract, whether oral or in writing, between the parties may be abandoned and a new contract made to supersede the same, and if so made the suit must be upon the new contract and no suit can be maintained upon the old, and the making of the new contract is a sufficient consideration for the abandonment of the previous contract. Chotean v. Iron Wks., 83 Mo. 73, s. c., 94 Mo. 388; Creamery Package Co. v. The Sharpies Co., 98 Mo. App. 207; Seligman v. Rogers, 113 Mo. 658; Wilson v. Duffey, 158 Mo. App.…
1Opinion of the CourtRobertson, P. J.
This suit was brought by the respondent as the administrator of the estate of Carey J. Smith, deceased, to recover the sum of $2500 alleged to be due on the following contract as set out in his petition:
‘ ‘ Carthage, Mo., Oct.' 29, 1910.
In consideration of C. J. Smith service in assisting in getting option and other service on Jesse Richardson in his 112. acres land on which the Quick Seven Mines are located in Jasper Co., Mo., we the undersigned hereby agree that in case of a sale of said land' or any part thereof by "W. S. Crane, H. E. Gerke or their associates time unlimited to pay to C.…
Also in this document: Concurrence.
2Cases cited13 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Deutmann v. KilpatrickMissouri Court of Appeals · 1891
- St. Joseph Union Depot Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1895
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3Cited by4 opinions
- Veatch v. BlackSupreme Court of Missouri · 1952
- Stewart-Decatur Security Systems, Inc. v. Von Weise Gear CompanyCourt of Appeals for the Eighth Circuit · 1975
- Davis v. CulmerMissouri Court of Appeals · 1927
- Koslosky v. BlochMissouri Court of Appeals · 1915