Fountain v. Wabash Railroad
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Eon. A. E. Waller, Judge. (1) The evidence was not sufficient to establish that a contract was entered into between the plaintiffs and defendant’s agent. Gann v. Railroad, 65 Mo.
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Appeal from Boone Circuit Court. — Eon. A. E. Waller, Judge. (1) The evidence was not sufficient to establish that a contract was entered into between the plaintiffs and defendant’s agent. Gann v. Railroad, 65 Mo. App. 670. (2) The trial court committed error in permit-' ting two of the plaintiffs, Mr. Greene and Mr. Fountain, to testify to the contents of a telegram that they received from the Drnmm Commission Company, to the effect that the price of cattle had gone down fifteen cents. Nothing short of a deposition, or evidence in open court, of someone connected with said business could be…
1Opinion of the CourtJohnson, J.
This action was brought before a justice of the peace to recover damages resulting from the breach of a verbal contract alleged to have been made by the parties, by which defendant undertook and agreed *679to furnish plaintiffs four stock cars at a certain time and place for the shipment of seventy-seven head of cattle to market. On appeal, the case was tried in the circuit court resulting in a judgment in favor of plaintiffs, from which defendant appealed. Facts appearing in evidence are as follows:
Plaintiffs, who are stock shippers living near Sturgeon, applied to defendant’s agent at that…
2Cases cited10 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Fairley v. B. R. Smith & Co.Supreme Court of North Carolina · 1882
- McCrary v. Chicago & Alton RailroadMissouri Court of Appeals · 1904
- Stevens v. SpringerMissouri Court of Appeals · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Continental Life Ins. Co. v. SmithNew Mexico Supreme Court · 1936
- Baker v. AtkinsMissouri Court of Appeals · 1953
- Atlantic National Bank of Boston v. KorrickArizona Supreme Court · 1926
- Fishel v. F.M. Ball Co., Inc.California Court of Appeal · 1927
- Housden v. BernsMissouri Court of Appeals · 1954
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