Monett Lodge, No. 106, I. O. O. F. v. Hartman
Missouri Court of Appeals
Anpeal from Barry County Circuit Court. — Hon. Carr McNatt, Judge. (1) There was a total failure of proof of any contract or agreement to pay anything and the court should have sustained defendant’s demurrer to the evidence. Kendrick v. Harris, 156 S. W. 490: (2) There was no showing of any personal liability.
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Anpeal from Barry County Circuit Court. — Hon. Carr McNatt, Judge. (1) There was a total failure of proof of any contract or agreement to pay anything and the court should have sustained defendant’s demurrer to the evidence. Kendrick v. Harris, 156 S. W. 490: (2) There was no showing of any personal liability. (1) Even if there was no express contract, the law implies a promise to pay what is right under facts and circumstances such as appear in this case. 1 Beach on Contracts, sec. 642. (2) There was substantial evidence on which the jury would be warranted in finding a verdict for…
1Opinion of the Court
STURGIS, j’
This is a suit begun in a justice of the peace court in Barry county to recover from defendant $4, for “keeping and caring for” a cemetery lot for the years 1912 and 1913. The question for decision is whether defendant is personally liable for this charge as a debt due plaintiff. The plaintiff lodge, as part of its benevolent work, acquired the land and platted a cemetery and in 1905 sold a lot therein to defendant. Defendant’s ownership of the lot is evidenced by a certificate, duly issued by the plaintiff, reciting the consideration paid and that “the said Arthur C. Hartman, his…
Also in this document: Concurrence.
2Cases cited8 opinions
- Fitzgerald v. BarkerSupreme Court of Missouri · 1884
- Mason v. BarnardSupreme Court of Missouri · 1865
- Hall v. MorganSupreme Court of Missouri · 1883
- State Insurance v. IrwinMissouri Court of Appeals · 1896
- Smith v. DavisMissouri Court of Appeals · 1901
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3Cited by2 opinions
- Mansker v. AstoriaOregon Supreme Court · 1921
- Billings v. PaineSupreme Court of Missouri · 1959