Martin v. Witty
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Hon. E. B. McKee, Judge. (1) Tlie contract in evidence provided that the five hundred dollars was to be paid upon a certain date, tqwit: the first day of May, 1901, this being the case, it was an independent and absolute promise to pay the amount on that date.
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Appeal from Scotland Circuit Court. — Hon. E. B. McKee, Judge. (1) Tlie contract in evidence provided that the five hundred dollars was to be paid upon a certain date, tqwit: the first day of May, 1901, this being the case, it was an independent and absolute promise to pay the amount on that date. Overton v. Curd, 8 Mo. 420; Portage v. Cole, 1 Saunders 320, note 1. (2) When (as in this case), the promises of both parties are absolute and independent of each other, upon a breach of his promise by one party, the other may sue him without averring that he has performed his own promise and it is…
1DissentGoode, J.
The decision of this • case, in my opinion, turns principally on the fact that the contract sued on was not delivered to either of the obligees, but was deposited with the Farmers Exchange Bank. If a contract is delivered to the obligee it takes effect at once as a complete contract, no matter what parol conditions were attached to it and these' can not be shown. Price v. Ins. Co., 54 Mo. App. 119; Cox v. Parker, 49 N. Y. 107; Brayman v. Bingham, 26 N. Y. 483; *269Miller v. Fletcher, 27 Gratt. 403. But if instead of being delivered to the obligee, a contract is deposited with a third party, it is…
2Cases cited4 opinions
- Braman v. . BinghamNew York Court of Appeals · 1863
- Cocks v. . BarkerNew York Court of Appeals · 1872
- Beall v. PooleCourt of Appeals of Maryland · 1867
- Price v. Home InsuranceMissouri Court of Appeals · 1893