Sawyer v. Walker
Supreme Court of Missouri
Appeal from Boone Circuit Court. — No». A. N. Waller, Judge. (1) The petition does not state a cause of action, (a) It alleges there was a settlement in full by defendant, of the contract made by him with plaintiff, (b) There is no contract set out or pleaded in either count of plaintiff’s petition. A contract, to form- the basis of a cause of action, must be pleaded, or set out, either in the language of the contract, or stated according to its legal effect.
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Appeal from Boone Circuit Court. — No». A. N. Waller, Judge. (1) The petition does not state a cause of action, (a) It alleges there was a settlement in full by defendant, of the contract made by him with plaintiff, (b) There is no contract set out or pleaded in either count of plaintiff’s petition. A contract, to form- the basis of a cause of action, must be pleaded, or set out, either in the language of the contract, or stated according to its legal effect. Pye v. Eudder, 7 Mo. 548; Hill v. Barrett, 14 B.. Mon. (Ky.) 83; Muldro v. Caldwell, 7 Mo. 563; Moore & Hunt v. Platte County, 8 Mo.…
1Opinion of the CourtGantt, J.
This is an appeal from the judgment of the circuit court of Boone county in favor of the plaintiff for $4,850: The action was one for damages for fraud and deceit growing out of certain contracts between the defendant and W. G. Sawyer for commissions on the sale of real estate. Since the commence*139ment of this action, W. Gr. Sawyer has died testate and Oalista T. Sawyer has been substituted as his administratrix.
At the very threshold we are confronted with a motion to dismiss the appeal on the ground of the insufficiency of the abstract filed by the appellant in the cause. Owing to the fact…
2Cases cited2 opinions
- Allen v. ChouteauSupreme Court of Missouri · 1890
- Corder v. O'NeillSupreme Court of Missouri · 1903
3Cited by9 opinions
- Link v. JacksonMissouri Court of Appeals · 1911
- McGinnis v. McGinnisSupreme Court of Missouri · 1918
- Boyles v. BurnettMissouri Court of Appeals · 1923
- Jones v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912
- Cox v. A. P. Green Fire Brick Co.Missouri Court of Appeals · 1934
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