Townsend v. Roof
Missouri Court of Appeals
Appeal from Dunklin County Circuit Court. — Hon. W. S. C. Walker, Judge. (1) All the evidence in this case, both for plaintiffs and defendant, admits and concedes the plaintiffs did not fully perform the contract sued upon. There can therefore be no recovery in this suit for a breach of contract, and the verdict should have been directed for defendant as requested. Pull performance was pleaded, but non-performance was admitted by the testimony. Eyerman v. Mt. Sinai Cem.
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Appeal from Dunklin County Circuit Court. — Hon. W. S. C. Walker, Judge. (1) All the evidence in this case, both for plaintiffs and defendant, admits and concedes the plaintiffs did not fully perform the contract sued upon. There can therefore be no recovery in this suit for a breach of contract, and the verdict should have been directed for defendant as requested. Pull performance was pleaded, but non-performance was admitted by the testimony. Eyerman v. Mt. Sinai Cem. Ass’n., 61 Mo. 489; Davis v. Brown, 67 Mo. 313; Lewis v. Slack, 27 Mo. App. 119; Halpin v. Manny, 33 Mo. App. 388; Warson v.…
1Opinion of the CourtBradley, J.
Plaintiffs sued in the Pemiscot County circuit court to recover on a contract.. The venue was changed to Dunklin County where trial was had before the court and a jury, and resulted in a verdict and judgment in favor of plaintiff, Julia A. Townsend, in the sum of $300. Prom this judgment defendant appealed.
Plaintiffs allege that Julia A. Townsend is the widow of Nathan Townsend, deceased, and that the probate court of Pemiscot County had granted her letters of refusal upon her husband’s estate by which letters she was authorized to sue for, collect and retain for herself any debt due her…
2Cases cited10 opinions
- Clark v. CableSupreme Court of Missouri · 1855
- Henry v. Mount Pleasant Township of Bates CountySupreme Court of Missouri · 1879
- Rainey v. SmizerSupreme Court of Missouri · 1859
- Slaughter v. DavenportSupreme Court of Missouri · 1899
- Ryan v. RiddleSupreme Court of Missouri · 1883
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