Legal Opinion

Wells v. Gaty

Supreme Court of Missouri

Decided July 15, 1844PublishedCited by 3 opinions

ERROR to St. Louis Court of Common Pleas. The only question of importance presented by the record in the case, is the action of the court below in directing a nonsuit, when, from the evidence on trial, it appeared that the plaintiff’s cause of action originated in a contract entered into by him and another.

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ERROR to St. Louis Court of Common Pleas. The only question of importance presented by the record in the case, is the action of the court below in directing a nonsuit, when, from the evidence on trial, it appeared that the plaintiff’s cause of action originated in a contract entered into by him and another. The plaintiff seeks to recover, in common assumpsit, a sum of money received by defendants, in pursuance of a contract, to build a boat or part of a boat for him and one Wetmore, which contract was by the defendants abandoned, made null and void, or so neglected on their parts as to give…

1Opinion of the CourtTompkins, J.

This was an action of assumpsit, brought by Welles against Gaty, McCune & Glasby, on the common counts. The pleas were non-assumpsit, payment and set-off, with other special pleas not material to be noticed. The case was tried before a j.ury at the February term in the year 1844; judgment was given for the defendants, and, to reverse it, Welles prosecutes this writ of error.

The bill of exceptions shows that the plaintiff gave in evidence an instrument of writing to the following effect: “ This article of agreement, made and concluded, at the city of St. Louis, the 4th day of February, in the…

2Cases cited1 opinion

  1. Girard v. GettigSupreme Court of Pennsylvania · 1810

3Cited by3 opinions

  1. Clark's v. HannibalSupreme Court of Missouri · 1865
  2. Bryan v. PinneyArizona Supreme Court · 1889
  3. State ex rel. Griswold v. ThayerMissouri Court of Appeals · 1878

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