Roth v. Continental Wire Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) The referee erred in excluding evidence offered to show that Charles A. Roth paid nothing for the assignments of claims sued on, and was not the real party in interest, and the court erred in adopting his rulings.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) The referee erred in excluding evidence offered to show that Charles A. Roth paid nothing for the assignments of claims sued on, and was not the real party in interest, and the court erred in adopting his rulings. Nanson v. Jacob, 93 Mo. 331; Williams v. Whitlock, 14 Mo. 553; R. S. 1889, ■sec. 1990; R. S. 1899, soc. 540; Wonderly v. Lafayette Co., 150 Mo. 635; Roberts v. Abner, 42 S. W. 337; Perry v. Liter, 37 Mo. 274; Bidwell v. Dock Co., 40 Mo. 42; Bigler v. Eliekinger, 55 Pa. St. 284; Kollock v. Gunnert, 43 Mo.…
1Opinion of the CourtBland, P. J.
On September 1, 1896, the B. Roth Tool Company, a corporation doing business in the city of St." Louis, and the Continental Wire Company, a corporation doing -business in Granite City, in the State of Illinois, entered' .into the following contract:
*240“St. Louis, Mo., Sept. 1, 1896.
“Eor and in consideration of the sum of fifty dollars,, to it in hand paid, the receipt of which is hereby acknowledged and the further consideration of the agreements hereinafter stated, the B. Roth Tool Company hereby sells to the-Continental Wire Company the option to purchase twenty-five wire-nail machines…
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