Ottumwa Bridge Co. v. Corrigan
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) Where one sues on a written contract, alleging exact and specific performance with its every condition, as here, he may not abandon his cause of action in his reply, nor can he recover on an alleged waiver of the contract provisions, which he says he has kept when such issue is first tendered therein.
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Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) Where one sues on a written contract, alleging exact and specific performance with its every condition, as here, he may not abandon his cause of action in his reply, nor can he recover on an alleged waiver of the contract provisions, which he says he has kept when such issue is first tendered therein. The plea of waiver is inconsistent with the allegation of performance nor can such allegation in the reply, cure the defect in the petition. It is so held in a case exactly on all-fours with the case at bar. Mohney v. Reed, 40'…
1Opinion of the Court
BROWN, C.
The petition, so far as is necessary to understand the questions presented in this appeal, is as follows:
Contracts “That on or about May 11, 1907, the defendant, Bernard Corrigan, acting for himself personally and also as a8’en'*: axL(^ representative of The Corrigan Realty Company, made and entered into a contract with the plaintiff, whereby said Bernard Corrigan, for himself personally and as the agent of said The Corrigan Realty Company employed and engaged the plaintiff, Ottumwa Bridge Company, to furnish and erect for the said Bernard Corrigan and the said Corrigan Realty…
2Cases cited13 opinions
- Dermott v. JonesSupreme Court of the United States · 1860
- Dunn v. . SteubingNew York Court of Appeals · 1890
- Russell & Co. v. State Ins.Supreme Court of Missouri · 1874
- Coombs Commission Co. v. BlockSupreme Court of Missouri · 1895
- Turner v. MellierSupreme Court of Missouri · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Herbert & Brooner Construction Co. v. GoldenMissouri Court of Appeals · 1973
- Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959
- State ex inf. Conkling v. SweaneySupreme Court of Missouri · 1917
- Christine v. LuytiesSupreme Court of Missouri · 1920
- Bibler v. IuchsMissouri Court of Appeals · 1925
8 more not listed; retrieve them via the Exa API.