Cherry v. Chorn
Decision Date | 07 November 1927 |
Citation | 299 S.W. 598,221 Mo.App. 1207 |
Parties | H. G. CHERRY, APPELLANT, v. JOHN Q. CHORN, RESPONDENT. [*] |
Court | Kansas Court of Appeals |
Appeal from the Circuit Court of Jackson County.--Hon. O. A. Lucas Judge.
AFFIRMED.
Judgment affirmed.
Chas N. Sadler and Jas. T. Sadler for appellant.
Watson Gage & Ess for respondent.
This is an action for damages for an alleged breach of contract. The case is before us on a stipulation embodying an agreed statement of facts, as follows:
Kansas City, Mo.
A general demurrer to the petition was sustained by the trial court. The propriety of that ruling is now before us.
The paper copied into the petition bearing date of December 29, 1924 is not entirely clear as to whether the offer was to sell the stock owned by defendant on December 29th or owned by him January 5th. The same may be said as to the extension. However, the plaintiff under date of January 9, 1925, in writing to the defendant used the following language:
"And I understand that you now (italics are ours) own forty-nine shares of stock." The pleader seems to adopt the same theory for in the petition it is recited:
"That on January 9, 1925, the time fixed by said contract (italics are ours) the defendant was the owner of forty-nine shares of the capital stock of the company." Again as against a general demurrer to the petition, an ambiguity in the petition is "to be taken most strongly in its interpretation against the pleader." [Price v. Mining Co., 83 Mo.App. 470.]
We think, therefore, for the...
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