Oth v. Wabash Railroad
Missouri Court of Appeals
Appeal from St. Charles Circuit Court. — Ron. James D. Barnett, Judge. (1) The demurrer of defendant to plaintiff’s petition should have been sustained, because: (a) The transactions pleaded between plaintiff and defendant’s station agent Steed, on January 17,1906, do not, in law, create a contract. Yersteeg v. Fruit Co., 138 S. W. 901: Clemens v. Bloomfield, 19 Mo. 118; Batavia v. Railroad, 126 Mo. App. 13; Service Co. v. Drug Co., 148 Mo.
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Appeal from St. Charles Circuit Court. — Ron. James D. Barnett, Judge. (1) The demurrer of defendant to plaintiff’s petition should have been sustained, because: (a) The transactions pleaded between plaintiff and defendant’s station agent Steed, on January 17,1906, do not, in law, create a contract. Yersteeg v. Fruit Co., 138 S. W. 901: Clemens v. Bloomfield, 19 Mo. 118; Batavia v. Railroad, 126 Mo. App. 13; Service Co. v. Drug Co., 148 Mo. App. 327. (b) Any purported contract arising out of said transactions is within the Statute of Frauds. Chambers v. Le Compte, 9 Mo. 575; Lydick v.…
1Opinion of the CourtReynolds, P. J.
This is an action by plaintiff for damages claimed to have arisen in his favor and against defendant by reason of the latter, without due and lawful notice to plaintiff, and.long prior to the termination of a lease which he claimed he had, wrongfully and unlawfully ousting plaintiff from the possession of the demised premises, those premises consisting of a switch or side track at Elm Point on defendant’s railroad. Plaintiff placed his damages at $12,000. It is averred in the petition that for a number of years plaintiff had been operating a quarry at Elm Point in St. Charles county and…
2Cases cited5 opinions
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Gildersleeve v. OverstolzMissouri Court of Appeals · 1901
- Leggett v. Louisiana Purchase Exposition Co.Missouri Court of Appeals · 1911
- Leggett v. Louisiana Purchase Exposition Co.Missouri Court of Appeals · 1908
- Murphy v. Century Building Co.Missouri Court of Appeals · 1901