Wilson v. Duffy
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. George H. Williams, Judge, (1) Where a party sues on a contract, he may recover upon that, or may recover on a quantum, etc., in the action when it is fully executed as to a stipxx-lated price, etc. — the converse of this proposition when he sues on a quantum, etc., he cannot recover on a specific contract, when the same remains open.
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Appeal from St. Louis City Circuit Court. — lion. George H. Williams, Judge, (1) Where a party sues on a contract, he may recover upon that, or may recover on a quantum, etc., in the action when it is fully executed as to a stipxx-lated price, etc. — the converse of this proposition when he sues on a quantum, etc., he cannot recover on a specific contract, when the same remains open. Consider tlxe documentary evidence offered on part of plaintiff and “natural justice” does not -raise or supply a “promise to pay.” Mansur v. Botts, 80 Mo. 654; Reifschneider v. Beck, 148 Mo. App. 735; Cozad v.…
1Opinion of the CourtNortoni, J.
This is a suit for two thousand dollars and certain installments of interest which it is alleged defendant promised to pay plaintiff. Plaintiff recovered and defendant prosecutes the appeal.
Defendant was in the real estate business in the city of St. Louis during the years 1902 -to 1908, .inclusive, and it appears that in 1902 he negotiated a loan for plaintiff in the amount of two thousand dollars, that is to say, he loaned two thousand dollars of her money on certain real estate and took a note and deed of trust therefor which he delivered to plaintiff. The note and deed of trust so taken…
2Cases cited1 opinion
- Hahs v. Cape Girardeau & Chester RailroadMissouri Court of Appeals · 1910