Zweigardt v. Birdseye
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. The real question is, for whose use and information was it prepared and did the defendant understand that he was preparing it for the use of the plaintiff? Of this there can be no doubt as all the witnesses agree on this point.
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. The real question is, for whose use and information was it prepared and did the defendant understand that he was preparing it for the use of the plaintiff? Of this there can be no doubt as all the witnesses agree on this point. We are not proceeding on the theory in this case that the defendant would be liable if he had not known that his abstract was to be made for the use of the plaintiff, though such is held to be the law in Dickie v. Abstract Co., 24 Am. St. Rep. 616, but what we do claim is that under the evidence in…
1Opinion of the CourtGill, J.
— The * plaintiff in his petition states substantially that on the twenty-eighth day of November, 1892, the plaintiff and defendant entered 'into a contract whereby the defendant agreed with the plaintiff to furnish plaintiff with an abstract of title to certain land in Vernon county, then owned by one Roodhouse, and which land plaintiff was about to purchase and subsequently did purchase from Roodhouse; that in pursuance of said contract defendant made and delivered to said Roodhouse as the agent of plaintiff an abstract of title to said land; that through the negligence of defendant said…
2Cases cited2 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Gordon v. LivingstonMissouri Court of Appeals · 1882
3Cited by14 opinions
- Westerhold v. CarrollSupreme Court of Missouri · 1967
- Gediman v. Anheuser Busch, Inc.Court of Appeals for the Second Circuit · 1962
- Brown v. SimsIndiana Court of Appeals · 1899
- Schade v. GehnerSupreme Court of Missouri · 1896
- Equitable Building & Loan Ass'n v. Bank of Commerce & Trust Co.Tennessee Supreme Court · 1907
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