Miller v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) There was no verbal contract. In fact, no agent of defendant had authority to make a verbal contract to ship at a certain time. Plaintiff knew this. Hutchinson on Carrier, sec. 328; .Bryan v. Bailroad, 28 S. W. Rep. 98. (2) If, as alleged, there was a verbal contract, then Miller agreed to cancel or merge it, by entering into a written contract, upon the same subject-matter.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) There was no verbal contract. In fact, no agent of defendant had authority to make a verbal contract to ship at a certain time. Plaintiff knew this. Hutchinson on Carrier, sec. 328; .Bryan v. Bailroad, 28 S. W. Rep. 98. (2) If, as alleged, there was a verbal contract, then Miller agreed to cancel or merge it, by entering into a written contract, upon the same subject-matter. Plumb v. Cooper, 121 Mo. 668; Leonard v. Bailroad, 54 Mo. App. 293, and cases cited; O’Brien ‘v. Kinney, 74 Mo. 125, and cases cited in the briefs…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages arising out of the breach of a verbal contract.
The petition alleged that on the tenth day of February, 1894, the plaintiff entered into a verbal contract with the defendant, whereby the defendant bound itself to furnish the necessary cars and to receive and ship eighty head of fat cattle belonging to the plaintiff, at Odessa, to the stock yards at Kansas City, in this state, on the twelfth day of February, 1894, and that, in compliance with said contract, the defendant brought to said station at Odessa, and had then and there, four stock cars, for the…
2Cases cited10 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Cleveland & Toledo R. R. v. PerkinsMichigan Supreme Court · 1868
- Leonard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1893
- Davis' Adm'r v. SmithSupreme Court of Missouri · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
- Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Meriwether v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Baker v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Gann v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
5 more not listed; retrieve them via the Exa API.