Davis v. Bond
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. J. N. Evans, Judge. There is a total failure of proof, and on this point, as to the law, it is needless to cite authorities. The petition alleges a contract, the performance thereof, and payment for the services stated; but further -avers that one of the parties, the appellant, rescinded the contract after performance, and took back the property that had been paid.
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Appeal from the Howell Circuit Court. — Hon. J. N. Evans, Judge. There is a total failure of proof, and on this point, as to the law, it is needless to cite authorities. The petition alleges a contract, the performance thereof, and payment for the services stated; but further -avers that one of the parties, the appellant, rescinded the contract after performance, and took back the property that had been paid. Under the allegation of the petition it is difficult to see how this action could be sustained, if after the contract was performed, as averred, the appellant might be liable in…
1Opinion of the Court
Bond, J. —
petition. The petition in this case, omitting the caption, is as follows: “Plaintiffs state in their amended petition for cause of action against defendant, that on the 3rd day of August, 1896, they entered into a written contract with defendant to dig a ditch for said defendant on his farm situated on G-unter’s Yalley, in Howell County, Missouri, whereby they agreed to dig said ditch 20 feet wide at the top and 16 feet wide at the bottom, said ditch to be dug to a depth sufficient at all places to.carry water- said ditch to commence at a place known as Naney’s Pond and to run…
2Cases cited4 opinions
- Weil v. PostenSupreme Court of Missouri · 1883
- Wilson v. AlbertSupreme Court of Missouri · 1886
- Ramsey v. HendersonSupreme Court of Missouri · 1887
- Kuhn v. WeilSupreme Court of Missouri · 1880
3Cited by5 opinions
- Hardwick v. Kansas City Gas Co.Supreme Court of Missouri · 1946
- Otrich v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1911
- Davis v. BondMissouri Court of Appeals · 1900
- Stroud v. M.P.R.R. Co.Missouri Court of Appeals · 1923
- Stroud v. Missouri Pacific RailroadMissouri Court of Appeals · 1923