Green v. Cole
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Plaintiffs were permitted to recover upon an alleged agreement on which, they had- not sued, and on which no action could be maintained by them. (2) No agreement between the parties was ever consummated. It was to have been reduced to writing and signed by the parties, which was never done. Nothing was ever done in pursuance of any contract or agreement between the parties. (3) There was no contract.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Plaintiffs were permitted to recover upon an alleged agreement on which, they had- not sued, and on which no action could be maintained by them. (2) No agreement between the parties was ever consummated. It was to have been reduced to writing and signed by the parties, which was never done. Nothing was ever done in pursuance of any contract or agreement between the parties. (3) There was no contract. The minds of the parties never ‘‘assented to the same thing in the same sense.” 1 Addison on Cont. [Morgan’s Ed.], p. 37. (4)…
1Opinion of the CourtMactahlane, J.
A former appeal in this case is reported in 103 Mo. 70. The case was retried without change in the pleadings. A jury was waived, and there was a finding and judgment in favor of plaintiffs for $9,970. Defendant again appealed.
I. The suit is to . recover damages for the breach of a contract under the terms of which it is alleged that defendant employed plaintiffe to sell for him a tract of seventeen acres of land in Kansas City. The *592petition charged the contract to-have been in the following terms:
“The plaintiffs were to have said real estate surveyed and replatted in small tracts or lots, put…
2Cases cited4 opinions
- Moses v. . BierlingNew York Court of Appeals · 1865
- Glover v. HendersonSupreme Court of Missouri · 1894
- Green v. ColeSupreme Court of Missouri · 1890
- Durkee v. GunnSupreme Court of Kansas · 1889
3Cited by18 opinions
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Blumenthal v. BridgesSupreme Court of Arkansas · 1909
- Cloe v. RogersSupreme Court of Oklahoma · 1912
- Robertson's v. Atlantic Coast Realty Co.Supreme Court of Virginia · 1921
- Atlantic Coast Realty Co. v. TownsendSupreme Court of Virginia · 1919
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