Colliseum Athletic Assn. v. Dillon
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis— Hon. Benjamin J. Klene, Judge. (1) This being' an action upon a contract entered into by appellant, a corporation organized by a pro forma decree of the circuit court of the city of St. Louis', under article X, chapter 33, Revised Statutes Mo. 1909, wherein appellant engaged the services of one of the defendants to give a private sparring exhibition before the members of plaintiff, it having paid defendants the contract…
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Appeal from the Circuit Court of the City of St. Louis— Hon. Benjamin J. Klene, Judge. (1) This being' an action upon a contract entered into by appellant, a corporation organized by a pro forma decree of the circuit court of the city of St. Louis', under article X, chapter 33, Revised Statutes Mo. 1909, wherein appellant engaged the services of one of the defendants to give a private sparring exhibition before the members of plaintiff, it having paid defendants the contract price for such performance, and having in all other respects fully performed its part of the contract, has a right to…
1Opinion of the Court
This suit in attachment was instituted in the circuit court of the city of St. Louis on October 16, 1914. A second amended petition was filed October 7, 1917. The answer was a general denial and a plea of another suit pending. The reply put in issue the allegations of the answer pertaining to the pendency of another suit.
The cause came on for trial before the court and a jury on June 14, 1917. As soon as plaintiff's first witness was called and sworn, an objection was made on behalf of each of the defendants, to the introduction of any evidence on the ground that the petition failed to state…
2Cases cited16 opinions
- State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
- St. Louis Agricultural & Mechanical Ass'n v. DelanoSupreme Court of Missouri · 1891
- State ex inf. Harvey v. Missouri Athletic ClubSupreme Court of Missouri · 1914
- Young Men's Christian Ass'n v. DubachSupreme Court of Missouri · 1884
- Miles v. Macon County BankMissouri Court of Appeals · 1915
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3Cited by5 opinions
- Philibert v. Benjamin Ansehl Co.Supreme Court of Missouri · 1938
- Smith v. NeeleyIdaho Supreme Court · 1924
- Kern v. U. Rys. Co. of St. LouisMissouri Court of Appeals · 1924
- Lawrence v. Cameron Savings and Loan AssociationSupreme Court of Missouri · 1965
- Cushulas v. Schroeder and Tremayne, Inc.Missouri Court of Appeals · 1930