Walker v. Gay's Estate
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The statement or petition is vague, indefinite and uncertain, and the defendant (executor), could not know from the statement what facts would be involved — he could not tell from the statement whether plaintiff was suing on a quantum meruit, or for damages for the breach of a contract.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The statement or petition is vague, indefinite and uncertain, and the defendant (executor), could not know from the statement what facts would be involved — he could not tell from the statement whether plaintiff was suing on a quantum meruit, or for damages for the breach of a contract. Watkins v. Donnelly, 88 Mo. 322; Brashears v. Strock, 46 Mo. 221; Swartz v. Nicholson, 65 Mo. 508. (2) The plaintiff alleges that the services, for which she sues were performed by her under an agreement with deceased, but the agreement or…
1Opinion of the CourtGriLL, J.
This suit originated in the probate court of Saline county where plaintiff made claim for an allowance of $1,000 on account of services performed *91for said Henry A. Gray during the last eight years of his life.
statement.
The case was tried on a lengthy written statement, filed by the plaintiff, which in substance was that said Gray died in January, 1895; “that during his lifetime, to wit, for the period of eight years prior to the 18th day of August, 1894, said Gray was in feeble health and for much of said time was unable to properly care for himself; that during the last three years of his…
2Cases cited2 opinions
- Koch v. HebelMissouri Court of Appeals · 1888
- Clark v. CordryMissouri Court of Appeals · 1897
3Cited by4 opinions
- Chariton National Bank v. WhicherSupreme Court of Iowa · 1914
- Hall v. GetmanMissouri Court of Appeals · 1906
- Cox v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887