Meyer v. Christopher
Supreme Court of Missouri
581 Appeal from Jackson Circuit Court. — Hon. Jas. H. Glover, Judge. (1) Mrs. Christopher contracted to deliver the notes and has failed to do so. The lower court annuls the contract and makes a new one. The contract being valid “the parties must abide by the contract as made; courts can not make a new contract for them.” Wood Machine Co. v. Bobbst, 56 Mo.
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581 Appeal from Jackson Circuit Court. — Hon. Jas. H. Glover, Judge. (1) Mrs. Christopher contracted to deliver the notes and has failed to do so. The lower court annuls the contract and makes a new one. The contract being valid “the parties must abide by the contract as made; courts can not make a new contract for them.” Wood Machine Co. v. Bobbst, 56 Mo. App. 427; Galbraith v. Reeves, 82 Tex. 357; Chouteau v. Russell, 4 Mo. 553. “Neither the court nor the jury have the power to vary or add to the agreement nor to make a different agreement from that which the parties have made.” Thornton v.…
1Opinion of the CourtMarshall, J.
These two cases are separate cross-actions in equity, but they grow out of the same transaction. The case made is this: On January 30, 1883, Elizabeth G. Williams was the owner of the lots in controversy here, being lots 8 and 9, in block 12, of Dundee Place, an addition to Kansas City, and on that date she executed a deed of trust upon said lots to secure two notes for $1,500 each, with interest coupons attached, payable, respectively, January 1, 1886 and 1888, and payable to the Dundee Mortgage, Trust and Investment Company, Limited, of Dundee, Scotland.
Edward E. Holmes was the attorney in…
2Cases cited6 opinions
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- St. Joseph Union Depot Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1895
- Sedalia Brewing Co. v. Sedalia Water Works Co.Missouri Court of Appeals · 1889
- Patterson v. CamdenSupreme Court of Missouri · 1857
- Mullally v. GreenwoodSupreme Court of Missouri · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Paisley v. LucasSupreme Court of Missouri · 1940
- Metropolitan Life Insurance v. LyonsIndiana Court of Appeals · 1912
- Monterosso v. St. Louis Globe-Democrat Publishing Co.Supreme Court of Missouri · 1963
- Meredith v. Business Men's Accident Ass'nMissouri Court of Appeals · 1923
- Kansas City Life Ins. Co. v. WellsCourt of Appeals for the Eighth Circuit · 1943
9 more not listed; retrieve them via the Exa API.