Northrup v. Colter
Missouri Court of Appeals
Appeal from Cape Girardeau. Common Pleas Court. —Eon. Robb. G. Romney, Judge. (1) The court erred in admitting in evidence the Colter-Alt correspondence: This, correspondence constituted a complete written contract. Brewington v. Mesker, 51 Mo. App. 348; 9 Cyc. 247. Said contract does not cover the subject matter of this suit or pertain to any issue herein. The situation of the parties harmonizes with this interpretation.
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Appeal from Cape Girardeau. Common Pleas Court. —Eon. Robb. G. Romney, Judge. (1) The court erred in admitting in evidence the Colter-Alt correspondence: This, correspondence constituted a complete written contract. Brewington v. Mesker, 51 Mo. App. 348; 9 Cyc. 247. Said contract does not cover the subject matter of this suit or pertain to any issue herein. The situation of the parties harmonizes with this interpretation. Hahs v. Eailroad, 126 S. W. 527; 9 Cyc. 587. (2) Evidence of respondent having received no commissions for land sales made was incompetent and immaterial, for he had sold…
1Opinion of the CourtNoetoni, J.
This is a suit,in contribution. The finding and judgment were for defendant and plaintiff prosecutes the appeal. The controversy arose through *642the payment by plaintiff of an indebtedness owing by him and defendant jointly for printing and advertisements. Defendant, having declined to”pay his portion of the indebtedness, plaintiff paid the entire bill and instituted this suit to the end of recovering one-half thereof from defendant.
It appears plaintiff, Northrup, is a real estate agent, residing and doing business at Cape Girardeau, Missouri, and defendant is a real estate agent residing and…
2Cases cited4 opinions
- Newman v. HookSupreme Court of Missouri · 1866
- Brewington v. MeskerMissouri Court of Appeals · 1892
- Embry v. HargadineMissouri Court of Appeals · 1907
- Provenchere v. ReifessMissouri Court of Appeals · 1895
3Cited by5 opinions
- Gillen v. New York Life InsuranceMissouri Court of Appeals · 1913
- Missouri State Life Ins. Co. v. WesterveltSupreme Court of Oklahoma · 1926
- Feinberg v. FrankCourt of Appeals of Texas · 1924
- Foster v. Modern Woodmen of AmericaMissouri Court of Appeals · 1940
- Gale v. J. Kennard & Sons Carpet Co.Missouri Court of Appeals · 1914