Laclede Power Co. v. Nash-Smith Tea & Coffee Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Mon. John A. Talty, Judge. (1) The averments of the petition constitute a sufficient allegation of acceptance by plaintiff of defendant’s written proposal and communication of plaintiff’s acceptance to defendant. Allen v. Chouteau, 102 Mo. 309, 318; Mfg. Co. v. Broderick, 12 Mo. App. 385; Stotesburg v. Massengale, 13 Mo. App. 221; Bishop on Contracts (En. Ed.), sec. 329; Lancaster v. Elliott, 28 Mo.
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Appeal from the St. Louis City Circuit Court. — Mon. John A. Talty, Judge. (1) The averments of the petition constitute a sufficient allegation of acceptance by plaintiff of defendant’s written proposal and communication of plaintiff’s acceptance to defendant. Allen v. Chouteau, 102 Mo. 309, 318; Mfg. Co. v. Broderick, 12 Mo. App. 385; Stotesburg v. Massengale, 13 Mo. App. 221; Bishop on Contracts (En. Ed.), sec. 329; Lancaster v. Elliott, 28 Mo. App. 92. (2) After answer by general denial it is not competent for defendant to raise the question of the sufficiency of the petition by objection…
1Opinion of the CourtBiggs, J.
— This is an appeal from an order of the circuit court sustaining a motion to set aside an involuntary nonsuit. At the trial the defendant objected to the introduction of evidence on the ground that the petition failed to state facts sufficient to constitute a cause of action. The court sustained the objection and the plaintiff took a nonsuit. After-wards the court receded from its ruling and sustained plaintiff’s motion to set aside the nonsuit.
As the sufficiency of the pleading is challenged on several grounds it is better to set it out “m fiaec verba.” Omitting the caption the petition…
2Cases cited5 opinions
- Spurlock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Eans' Adm'r v. Exchange BankSupreme Court of Missouri · 1883
- Donaldson v. County of ButlerSupreme Court of Missouri · 1889
- Dillon v. HuntSupreme Court of Missouri · 1884
- Weaver v. HarlanMissouri Court of Appeals · 1892