Bartley v. Pictorial Review Co.
Missouri Court of Appeals
Appeal from. Cole Circuit Court.—Hon. J. G. Slate, Judge. (1) The court erred in allowing the writing offered as the contract sued on to he read to the jury without proof of execution, the execution thereof having been denied under oath. R. S. Mo. 1909', secs. 1982-3-4-5-6; Julian v. Rogers, 87 Mo. 229; Kelly v. Thuey, 143 Mo. 422; Pope v. Risley, 23 Mo. 185; N. St. L. Savings Ass’n v. Obert, 169 Mo. 507; Polack v. Hannauer, 26 Mo.
Read the full summary
Appeal from. Cole Circuit Court.—Hon. J. G. Slate, Judge. (1) The court erred in allowing the writing offered as the contract sued on to he read to the jury without proof of execution, the execution thereof having been denied under oath. R. S. Mo. 1909', secs. 1982-3-4-5-6; Julian v. Rogers, 87 Mo. 229; Kelly v. Thuey, 143 Mo. 422; Pope v. Risley, 23 Mo. 185; N. St. L. Savings Ass’n v. Obert, 169 Mo. 507; Polack v. Hannauer, 26 Mo. App. 260. (2) The writing read to the jury, as the contract sued on, is not the contract declared upon in petition, as will appear by comparing the same, and the…
1Opinion of the CourtJohnson, J.
Plaintiff began this suit in a justice court upon an open account of $51.28 for certain patterns, fashion books, coupons, coupon books and pattern case delivered to defendant. She recovered judgment for $56.87 in the circuit court where the cause was tried on appeal and defendant appealed to this court.
On February 16, 1969, plaintiff, doing business in Jefferson City under the trade name of the New Idea Dry Goods Company, and defendant, a publisher of patters in New York, entered into a contract in writing which granted to plaintiff “the right to act as special *641agent for the sale of their…
2Cases cited6 opinions
- Adams v. HelmSupreme Court of Missouri · 1874
- D. N. Lightfoot & Son v. Edward Hurd & Co.Missouri Court of Appeals · 1905
- Andrews v. W. R. Stubbs Contracting Co.Missouri Court of Appeals · 1903
- Cornelius v. RosenMissouri Court of Appeals · 1905
- Publishers, George Knapp & Co. v. Pepsin Syrup Co.Missouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Henderson v. Eagle Express CompanyMissouri Court of Appeals · 1972
- State Ex Rel. Nee v. TippinMissouri Court of Appeals · 1925