Greene v. Musson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. W. 0. Thomas, Judge. (1) To constitute a novation four things are necessary : a.' A previous valid obligation, b. Tbe agreement of all tbe parties to tbe new contract, c. Tbe extinguishment of the old contract and release of tbe old debtor, d. Tbe validity of tbe new contract. 29 Cyc. 1130; Brown v. Croy, 74 Mo.
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Appeal from Jackson Circuit Court. — Eon. W. 0. Thomas, Judge. (1) To constitute a novation four things are necessary : a.' A previous valid obligation, b. Tbe agreement of all tbe parties to tbe new contract, c. Tbe extinguishment of the old contract and release of tbe old debtor, d. Tbe validity of tbe new contract. 29 Cyc. 1130; Brown v. Croy, 74 Mo. App. 462. (2) If tbe first debt .does not depend on any condition, but tbe second engagement, intended as a novation, is conditional, tbe novation can only take effect by tbe accomplishment of tbe condition of tbe new engagement before tbe…
1Opinion of the CourtEllison, J.
This action is on a contract whereby it is alleged defendant promised to pay plaintiff one hundred and fifty dollars. It was begun before a justice of the peace and on appeal to the circuit court judgment was rendered for plaintiff.
It appears that plaintiff is a real estate agent and that she was employed by one Lemon to bring about and consummate an exchange of Kansas City real estate. She performed that service by finding a party named Schermerhorn with property be was willing to exchange. She brought the parties together, an agreement was had and a written contract of exchange entered…
2Cases cited3 opinions
- Brown v. CroyMissouri Court of Appeals · 1898
- Edgell v. TuckerSupreme Court of Missouri · 1867
- Davis v. DunnMissouri Court of Appeals · 1906
3Cited by1 opinion
- L. & A. Scharff Distilling Co. v. Springfield Coal, Ice & Transfer Co.Missouri Court of Appeals · 1914