Legal Opinion

Walser v. Wear

Supreme Court of Missouri

Decided November 23, 1897PublishedCited by 30 opinions

Error to Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The motion to strike out that portion of defendant’s answer changing his liability as a guarantor, as fixed by the written agreement, to a principal, on the ground that such was the understanding at the time the guaranty was executed, should have been sustained. 1 G-reenl. Ev., sec. 277; James v. Clough, 25 Mo.

Read the full summary

Error to Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The motion to strike out that portion of defendant’s answer changing his liability as a guarantor, as fixed by the written agreement, to a principal, on the ground that such was the understanding at the time the guaranty was executed, should have been sustained. 1 G-reenl. Ev., sec. 277; James v. Clough, 25 Mo. App. 154; Koehring v. Muemminghoff, 61 Mo. 407; Fruin v. Railroad, 89 Mo. 404; State ex rel. v. Eoshaw, 98 Mo. 360. (2) Besides, defendant is estopped from asserting that he was a principal in the lease. Having been so…

1Opinion of the CourtBtjegess, J.

— This is an action against defendant as guarantor for the performance on the part of one J, E. Gwin of a contract of lease entered into between plaintiff and said Gwin for a certain coal mine in Barton county.

The petition alleges: “That he, said Gwin, has failed to work the mine in good order on the rules of first class mining, as he agreed to do in said lease, in this, that he has failed to run mine entries, but stopped them entirely; that he ran entries in the wrong direction, to wit, northeast, when they should have been run, on the rules of good mining, east and north, and some of them…

2Cases cited11 opinions

  1. Scovill v. GlasnerSupreme Court of Missouri · 1883
  2. Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
  3. Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
  4. Anderson v. McPikeSupreme Court of Missouri · 1885
  5. Dowzelot v. RawlingsSupreme Court of Missouri · 1874

6 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Wehrli v. Wabash Railroad CompanySupreme Court of Missouri · 1958
  2. Wahl v. CunninghamSupreme Court of Missouri · 1932
  3. Carter v. Matthey Laundry & Dry Cleaning CompanySupreme Court of Missouri · 1961
  4. Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
  5. Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907

25 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API