Norris v. Letchworth
Missouri Court of Appeals
Appeal from Morgan Circuit Court. — Hon. John M. Williams, Judge. (1) The court erred in overruling appellant’s motion in arrest of judgment. The petition does not state facts sufficient to constitute a cause of action. It shows upon its face that the respondent was in default and not the appellant. Webb v. Steiner, 113 Mo. App. 482; Crews v. Carnean, 14 Mo. App. 505; Davis v. Real Estate Co., 115 Mo. App. 327; Bishop on Contracts, Secs. 834, 1418; Felix v. Bevington, 52 Mo.
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Appeal from Morgan Circuit Court. — Hon. John M. Williams, Judge. (1) The court erred in overruling appellant’s motion in arrest of judgment. The petition does not state facts sufficient to constitute a cause of action. It shows upon its face that the respondent was in default and not the appellant. Webb v. Steiner, 113 Mo. App. 482; Crews v. Carnean, 14 Mo. App. 505; Davis v. Real Estate Co., 115 Mo. App. 327; Bishop on Contracts, Secs. 834, 1418; Felix v. Bevington, 52 Mo. App. 403; Sanders v. Brock, 230 Pa. 609; Whittemore v. Darden, 9 App. D. C. 449; Rounds v. Baxter, 4 Me. 454; McKinney…
1Opinion of the CourtJohnson, J.
Plaintiff sued to recover $500 paid defendant on the purchase price of a farm in Morgan county. The theory of the petition on which the action first went to trial was that defendant had breached the contract thereby giving plaintiff the right to rescind and to recover the money paid by him in part performance. Plaintiff was allowed to recover on this theory but on the appeal of defendant we held that since the evidence disclosed beyond question that plaintiff was at fault in not paying o.r offering to pay the remainder of the purchase money in the time and manner provided in the. contract, he…
2Cases cited22 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Cleary v. FolgerCalifornia Supreme Court · 1890
- Drew v. PedlarCalifornia Supreme Court · 1891
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3Cited by22 opinions
- Peitzman v. City of IllmoCourt of Appeals for the Eighth Circuit · 1944
- Landau v. St. Louis Public Service CompanySupreme Court of Missouri · 1954
- Malmberg v. BaughUtah Supreme Court · 1923
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- Silfvast v. AsplundMontana Supreme Court · 1933
17 more not listed; retrieve them via the Exa API.