Love v. Van Every
Missouri Court of Appeals
Appeal from the Greene County Circuit Court,, Geiger, J. Contracts-such as that sued on are not assignable. Ramey v. Grim, °28 Mo. 310 ; Landen v. McCarthy, 45 Mo. 106 ; Ciarle v. Cable, 21 Mo. 223 ; Leahy v. Dugdale, 27 Mo. 437. This was not a contract of personal trust, and was assignable even without defendant’s consent.
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Appeal from the Greene County Circuit Court,, Geiger, J. Contracts-such as that sued on are not assignable. Ramey v. Grim, °28 Mo. 310 ; Landen v. McCarthy, 45 Mo. 106 ; Ciarle v. Cable, 21 Mo. 223 ; Leahy v. Dugdale, 27 Mo. 437. This was not a contract of personal trust, and was assignable even without defendant’s consent. St. Louis v. Clemens, 42 Mo. 69; Devlin v. Mayor, 63 N. Y. 8. A subsequent ratification of a change in a contract is equivalent to a previous authority to make it. Workman v. Campbell, 57 Mo. 53 ; Martin v. Judd, 60 111. 78; Paul v. Berry, 78 111. 158 ; Dow v. Spenny, 29…
1Opinion of the CourtLewis, P. J.
The plaintiff and Gr. W. Freeman were partners in business, and, in May, 1882, entered into a written contract with the defendant for the furnishing of cross-ties along the line of the Kansas City, Springfield and Memphis railroad, for a defined extent of about nine miles. The testimony tended to show that the writing was regained in the possession of defendant and was by him lost, so that it could not be produced at the trial. Parol proof of its contents tended to show that Love and Freeman were to deliver the ties at the price of twenty-five •cents each, and were to have the exclusive right…
2Cases cited5 opinions
- United States v. HickeySupreme Court of the United States · 1873
- Van Driel v. RosierzSupreme Court of Iowa · 1869
- City of St. Louisex rel. Sullivan v. ClemensSupreme Court of Missouri · 1867
- Peck v. NorthropSupreme Court of Connecticut · 1845
- Gwin v. BielIndiana Supreme Court · 1880
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- Van Dyke v. GardnerAppellate Terms of the Supreme Court of New York · 1897
- Hall v. ChitwoodMissouri Court of Appeals · 1904