Legal Opinion

Monett Lodge, No. 106, I. O. O. F. v. Hartman

Missouri Court of Appeals

Decided November 23, 1914PublishedCited by 2 opinions

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

  1. Fitzgerald v. BarkerSupreme Court of Missouri · 1884
  2. Mason v. BarnardSupreme Court of Missouri · 1865
  3. Hall v. MorganSupreme Court of Missouri · 1883
  4. State Insurance v. IrwinMissouri Court of Appeals · 1896
  5. Smith v. DavisMissouri Court of Appeals · 1901

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3Cited by2 opinions

  1. Mansker v. AstoriaOregon Supreme Court · 1921
  2. Billings v. PaineSupreme Court of Missouri · 1959

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