Daly v. Wilbur
Missouri Court of Appeals
Appeal from Jasper County Circuit Court. — Hon. 0. 8. Barton, Special Judge. (1) The provision to pay $1000 if the Vogy lease was extended, was, and is a true precedent condition, and the acceptance by the corporation of a lease on the Vogy chats, after refusal of the American Lead & Zinc Company to extend the lease containing different rentals, and for shorter time (in the absence of a new contract of waiver on sufficient consideration) is not the happening of the uncertain…
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Appeal from Jasper County Circuit Court. — Hon. 0. 8. Barton, Special Judge. (1) The provision to pay $1000 if the Vogy lease was extended, was, and is a true precedent condition, and the acceptance by the corporation of a lease on the Vogy chats, after refusal of the American Lead & Zinc Company to extend the lease containing different rentals, and for shorter time (in the absence of a new contract of waiver on sufficient consideration) is not the happening of the uncertain event, which conditions plaintiff’s right to recover and this is true even though the court should treat defendant as…
1Opinion of the CourtCox, P. J.
Action for breach of contract, trial by court, judgment for plaintiff and defendant has appealed.
In the year 1915, J, A. Daly, S. A. Wight and L. A. Johnson were the owners of all the stock of the OdellDaly Material Company, a corporation, engaged in the business of handling chats, gravel and sand that were piled up near mines in Jasper county. They secured .from the owners of land or mining leases the execution of leases to their corporation' by which they were given the right to load and ship chats, sand, and other waste material from the mines and for which a compensation would be paid.…
2Cases cited10 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Chapman v. DoughertySupreme Court of Missouri · 1885
- Bishop v. Brittain Investment Co.Supreme Court of Missouri · 1910
- Edmonds v. ScharffSupreme Court of Missouri · 1919
- Goodale v. EvansSupreme Court of Missouri · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Odom v. LangstonSupreme Court of Missouri · 1943
- Bostian v. MilensMissouri Court of Appeals · 1946