Noel v. Drake
Supreme Court of Kansas
Error from Bourbon District Court. Action by Noel against Drake, commenced January 5, 1881. Among other matters the petition alleged that Drake had been intimately acquainted with plaintiff and his business for a number of years prior to July 25, 1880, and knew approximately the business plaintiff was doing and the profit thereof, and the salary plaintiff was getting; that with the full knowledge of these facts, Drake for a period extending from thirty days prior to July 25,…
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Error from Bourbon District Court. Action by Noel against Drake, commenced January 5, 1881. Among other matters the petition alleged that Drake had been intimately acquainted with plaintiff and his business for a number of years prior to July 25, 1880, and knew approximately the business plaintiff was doing and the profit thereof, and the salary plaintiff was getting; that with the full knowledge of these facts, Drake for a period extending from thirty days prior to July 25, 1880, almost daily sought and importuned plaintiff to dispose of his interest in the “ Boston store,” then operated by…
1Opinion of the Court
*268The opinion of the court was delivered by
Horton, C. J.:
It appears from the testimony of Noel, the., plaintiff, that after repeated interviews and conversations, on or about July 25, 1880, Drake, the defendant, agreed to sell Noel one hundred and fourteen shares of stock owned by him in the First National bank of Fort Scott, Kansas, at $140 per share, and to give Noel employment as cashier at the bank, at a salary of $1,500 per annum. This evidence supports the allegations of the petition. The trial court held as a matter of law that the contract was void for two reasons: First, that it was…
2Cases cited6 opinions
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- St. Joseph & Denver City Rld. v. RyanSupreme Court of Kansas · 1873
- Noyes v. MarshMassachusetts Supreme Judicial Court · 1877
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3Cited by15 opinions
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- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Timme v. KopmeierWisconsin Supreme Court · 1916
- Blue v. Capital National BankIndiana Supreme Court · 1896
- Van Slyke v. AndrewsSupreme Court of Minnesota · 1920
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