MacLeod v. Skiles
Supreme Court of Missouri
Error io Jackson Special Law and Equity Court.—Hon. R. E. Cowan, Judge. The two counts in the petition state separate and distinct causes of action. But conceding that the two counts state but one cause of action, the court erred in compelling the plaintiff to elect on which count he would proceed, and in striking out the other. Bliss on Code Plead., §§ 118, 119,120, 295, and authorities cited; Brinkman v. Hunter, 73 Mo. 172. The second count stated a good cause of action.
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Error io Jackson Special Law and Equity Court.—Hon. R. E. Cowan, Judge. The two counts in the petition state separate and distinct causes of action. But conceding that the two counts state but one cause of action, the court erred in compelling the plaintiff to elect on which count he would proceed, and in striking out the other. Bliss on Code Plead., §§ 118, 119,120, 295, and authorities cited; Brinkman v. Hunter, 73 Mo. 172. The second count stated a good cause of action. Nevidek v. Meyer, 47 Mo. 600; Landman v. Ingram, 49 Mo. 212; McConnell v. Brayner, 63 Mo. 461; Bracket v. Evans, 1 Cush.…
1Opinion of the CourtRay, J.
The petition in this case contains two counts. The first is in substance as follows: That on Apiñl 25th, 1877, plaintiff" and defendant made and entered into a contract in writing hy which defendant sold and agreed to convey to plaintiff block one in Skiles & Western’s addition to the City of Kansas, for the consideration of $7,200, $10 down and $1,990 when the title to the block was shown to he good, and a good and sufficient deed should be made and delivered or tendered by defendant to plaintiff, the balance to he secured hy three promissory notes of plaintiff —two for $1,733.33 each, and…
2Cases cited11 opinions
- Howes v. BarkerNew York Supreme Court · 1808
- Robbins v. AyresSupreme Court of Missouri · 1847
- McConnell v. BraynerSupreme Court of Missouri · 1876
- Laudman v. IngramSupreme Court of Missouri · 1872
- Crotzer v. RussellSupreme Court of Pennsylvania · 1822
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bruns v. SchreiberSupreme Court of Minnesota · 1890
- Taxpayers of Shelby County v. Shelby CountySupreme Court of Alabama · 1944
- Motor Transportation Springfield v. Orval Davis Tire Co.Missouri Court of Appeals · 1979
- St. Joseph Lead Co. v. FuhrmeisterSupreme Court of Missouri · 1944
- Laclede Laundry Co. v. FreudensteinMissouri Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.