C. E. Donnell Newspaper Co. v. Jung
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. John M. Wood, Judge. (1) A contracting agent who Las no interest in tbe contract, does not fall witbin tbe rule rendering parties incompetent, where tbe other party to tbe contract is dead or insane. Bates y. Forcht, 89 Mo. 121; Stanton v. Ryan, 41 Mo^ 515; Baer v. Pfaff, 44 Mo. App. 35, 38; Samuel v. Bartee, 53 Mo. App. 587; Leahy v. Simpson’s Adm’r, 60 Mo.
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Appeal from St. Louis City Circuit Court. — Son. John M. Wood, Judge. (1) A contracting agent who Las no interest in tbe contract, does not fall witbin tbe rule rendering parties incompetent, where tbe other party to tbe contract is dead or insane. Bates y. Forcht, 89 Mo. 121; Stanton v. Ryan, 41 Mo^ 515; Baer v. Pfaff, 44 Mo. App. 35, 38; Samuel v. Bartee, 53 Mo. App. 587; Leahy v. Simpson’s Adm’r, 60 Mo. App. 83 Meier v. Thieman, 90 Mo. 433, 441. (2) The testimony of ■witness Jones, brought out by defendants themselves as well as the testimony of both Jones and Donnell given without…
1Opinion of the CourtBland, J.
Suit was'begun in a justice’s court on the following statement:
“St. Louis, Mo., Feb. 20th, 1897.
“August H. Jung and Adolph C. Jung, copartners as A. H.
“Jung & Bro.
“to
“C. E. Donnell, doing business as C. E. Donnell Newspaper
“Co., Dr.
“To loss of profits and damages arising out of breach of a contract made by said A. H. Jung & Bro., with C. E. Donnell Newspaper Co., under which said Donnell was bound to furnish paper complete, and press work, for ‘The Carondelet Progress,’ from March 6, 1896, for a period of six months, and which they agreed to receive and pay for; which contract was broken by…
2Cases cited2 opinions
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Green v. DitschSupreme Court of Missouri · 1898
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