Vanhoosier v. Dunlap
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon, Archelaus M. Woodson3 Judge. (1) Under a general denial the defending party is always at liberty to disprove and overthrow the contract asserted against him by proving that it was materially different from the one so asserted. Wilkerson v. Parnham, 82 Mo. 679. (2) “The petition charges a joint contract and the plaintiff must recover upon that theory or it cannot recover at all.
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Appeal from Buchanan Circuit Court. — Eon, Archelaus M. Woodson3 Judge. (1) Under a general denial the defending party is always at liberty to disprove and overthrow the contract asserted against him by proving that it was materially different from the one so asserted. Wilkerson v. Parnham, 82 Mo. 679. (2) “The petition charges a joint contract and the plaintiff must recover upon that theory or it cannot recover at all. Cole v. Armour, 154 Mo. 351, 55 S. W. 476; Chitty v. Railroad, 148 Mo. 74, 75, 49 S. W. 868; 166 Mo. 435, 65 S. W. 959; Timber Company v. Railway, 180 Mo. 420 at p. 463; Cobb…
1Opinion of the CourtEllison, J.
This is an action on a contract to saw timber into lumber, wherein it is charged that defendant by selling the timber prevented plaintiffs from sawing and thereby deprived them of the net profits in said work. The judgment in the trial court was for the plaintiffs.
The contract to saw the timber was originally made with one Ragan, but plaintiffs as a partnership (as they allege) were substituted in Ragan’s place. Defendant *531contends that the partnership was not so substituted; but that Vanhoosier, one of the members of the partnership was substituted. The answer was a general denial and there…
2Cases cited1 opinion
- Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
3Cited by5 opinions
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Cook, Kerr & Barnard v. PiattMissouri Court of Appeals · 1907
- Ormsby v. A. B. C. Fireproof Warehouse Co.Missouri Court of Appeals · 1926
- Woods-Evertz Stove Co. v. Grubbs & Co.Missouri Court of Appeals · 1909
- Bryant v. PhillipsMissouri Court of Appeals · 1915