Smith v. Davis
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) On appeal, the whole record is before the court for review; and the appellate court will not sustain the order granting plaintiff a new trial, though errors may have been committed by the trial court, when it appears from the whole record that he can not recover on a retrial of the case. (2) A contract partly "written and partly oral is an oral contract. Miller v. Banking Go., 53 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) On appeal, the whole record is before the court for review; and the appellate court will not sustain the order granting plaintiff a new trial, though errors may have been committed by the trial court, when it appears from the whole record that he can not recover on a retrial of the case. (2) A contract partly "written and partly oral is an oral contract. Miller v. Banking Go., 53 Mo. App. 433; Ringer v. Holtzclaw, 112 Mo. 519; Rooker v. Harrington, 52 Mo. App. 481; "Weil v. Willard, 55 Mo. App. 376. (3) A written…
1Opinion of the CourtGoode, J.
On the twenty-seventh day of August, 1889, A. C. Jobes and wife conveyed by warranty deed a tract of land in Harper county, Kansas, to defendant C. R. H. Davis. Shortly prior to that date said Jobes had bought the land from Sylvester Burdick. It was then subject to a mortgage to secure a promissory note for two thousand dollars, dated the second day of August, 1886, made by Burdick and his wife to the Farmers Loan & Trust Company. Jobes assumed the payment of that debt as part of the consideration to Burdick for the land, and when he sold to Davis the latter also assumed it as part of the…
2Cases cited6 opinions
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Nelson v. BrownSupreme Court of Missouri · 1897
- Winters v. CherrySupreme Court of Missouri · 1883
- Bowen v. . BeckNew York Court of Appeals · 1883
- Nally v. ReadingSupreme Court of Missouri · 1891
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3Cited by7 opinions
- Bracklein v. Realty Ins. Co.Utah Supreme Court · 1938
- Carter v. BurnsSupreme Court of Missouri · 1933
- Silton v. Kansas CitySupreme Court of Missouri · 1969
- Aylor v. McInturfMissouri Court of Appeals · 1914
- Donovan v. P. Schoenhofen Brewing Co.Missouri Court of Appeals · 1903
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