Culver v. Smith
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Son. J. S. Slover, Judge. (1) The contract read in evidence was a joint contract, and the right of action thereon was joint. There .are no words in the contract of severance to produce a severed right. The right of action being joint, one party to it suing alone was not entitled to recover. 1 Parsons on Contracts [5 Ed.], p.ll; Henry v. Mt.
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Appeal from the Jackson Circuit Court. — Son. J. S. Slover, Judge. (1) The contract read in evidence was a joint contract, and the right of action thereon was joint. There .are no words in the contract of severance to produce a severed right. The right of action being joint, one party to it suing alone was not entitled to recover. 1 Parsons on Contracts [5 Ed.], p.ll; Henry v. Mt. Pleasant Township of Bates County, 70 Mo. 500; Ryan v. Riddle, 78 Mo. 522, 523; Churchill v. Rammers, 60 Mo. App. 250;’ Board, etc., St. Louis Public Schools v. Estate of Savings Bank, 12 Mo. App. 106; s. c.,…
1Opinion of the Court
SMITH, B. J.
The petition is in two counts, in the first of which it is alleged that the plaintiff was the owner of certain real estate in Kansas City, in this state, describing the same, and that the defendants were the owners of 400 shares, being the entire capital stock, of the Kansas City & Southern Lumber Company; that the defendants falsely represented that the said corporation had the title to 8,700 acres of land situated in the state of Arkansas, and-that, relying upon said false representations the plaintiff made a contract with the defendants by which they agreed to -transfer to 'the…
2Cases cited12 opinions
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Caldwell v. HenrySupreme Court of Missouri · 1882
- Ryan v. RiddleSupreme Court of Missouri · 1883
- Walsh v. MorseSupreme Court of Missouri · 1883
- Cross v. WilliamsSupreme Court of Missouri · 1880
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3Cited by4 opinions
- Justus v. WebbMissouri Court of Appeals · 1982
- Cook v. SmithMissouri Court of Appeals · 1914
- Axiom Product Administration v. O'BrienDistrict Court, E.D. Missouri · 2024
- Lemon v. WheelerMissouri Court of Appeals · 1902