Basye v. Ambrose
Supreme Court of Missouri
Error to Callaway Circuit Court. This was a suit upon a sealed agreement between the plaintiff and one Brauchman of the one part, and the defendant of the other part. Brauchman assigned his interest to Basye, who sued for the breach of contract by defendant, alleging also a parol variation of the contract. The defendant demurred for defect of parties plaintiff and for want of allegation of performance of the plaintiff’s portion of the agreement.
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Error to Callaway Circuit Court. This was a suit upon a sealed agreement between the plaintiff and one Brauchman of the one part, and the defendant of the other part. Brauchman assigned his interest to Basye, who sued for the breach of contract by defendant, alleging also a parol variation of the contract. The defendant demurred for defect of parties plaintiff and for want of allegation of performance of the plaintiff’s portion of the agreement. The demurrer was sustained and plaintiff appealed. In 1 Chitty, pages 11 and 12, the rule is laid down that when there is one or more covenantees,…
1Opinion of the CourtDkyden, Judge
In declaring on a contract containing stipulations to be performed by the plaintiff precedent to the performance of the agreement of the defendant, the plaintiff must show the performance of such stipulations, or a sufficient excuse for their non-performance.
The contract sued on in this case was made in Missouri in anticipation of an expedition to California in pursuit of gold. The stipulations on the part of plaifttiff and Brauchman, as shown by the petition, were “ to procure the necessary oxen and wagons, provisions, tools and clothing, and leather for shoes, on the trip and whilst in…
2Cited by17 opinions
- Pannell v. Missouri Insurance Guaranty Ass'nMissouri Court of Appeals · 1980
- Dugan v. TroutMissouri Court of Appeals · 1954
- Harding v. State Farm Mutual Automobile Insurance Co.Supreme Court of Missouri · 1969
- Propst v. Capital Mutual Ass'nMissouri Court of Appeals · 1939
- State Ex Rel. Fletcher v. BlairSupreme Court of Missouri · 1944
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