Parker v. Holland

• Decision Date: 16 January 1906
• Citation: 115 Mo. App. 681,91 S.W. 978
• Parties: PARKER v. HOLLAND.
• Court: Missouri Court of Appeals

91 S.W. 978

115 Mo. App. 681

PARKER v. HOLLAND.

St. Louis Court of Appeals. Missouri.

January 16, 1906.

APPEAL — RECORD — MATTERS TO BE SHOWN — EXCLUDED EVIDENCE.

A ruling excluding evidence is not subject to review, in the absence from the record of the excluded evidence or a summary thereof.

Appeal from St. Louis Circuit Court; Moses N. Sale, Judge.

Action by George T. Parker against H. P. Holland. From a judgment for defendant, plaintiff appeals. Affirmed.

Harlan, Reiss & Wagner, for appellant. Jno. M. Holmes, for respondent.

BLAND, P. J.

Omitting caption, the petition is as follows: "Plaintiff for cause of action states, that on or about the twenty-second day of May, 1903, he entered into a contract in writing with the defendant and others, to wit W. H. Holland, John A. Holland, Charles Holland, G. H. Cutting, and H. H. Cutting, by the terms of which contract defendant and said other persons promised and agreed to sell and deliver to plaintiff in St. Louis, Missouri, sixty (60) shares of the capital stock of the Scarritt-Comstock Furniture Company, a corporation organized and existing under the laws of Missouri, and one hundred (100) shares of the capital stock of the Railway Equipment Corporation, a corporation organized and existing under the laws of New Jersey, for the sum and price of twenty thousand ($20,000) dollars; that by the terms of said contract defendant promised and agreed to furnish as his share of said stock one-fifth (1/5) thereof, to wit twelve (12) shares of the capital stock of the Scarritt-Comstock Furniture Company, and twenty (20) shares of the capital stock of the Railway Equipment Corporation, which said shares of stock defendant severally agreed in his own behalf to sell and deliver to plaintiff as his own property, at a price and rate proportionate to the total price of twenty thousand ($20,000) dollars, to wit the sum of four thousand ($4,000) dollars; that by the terms of said agreement plaintiff promised and agreed with defendant to accept and receive from him said stock and to pay for same as aforesaid; that plaintiff on said twenty-second day of May, 1903, was, and at all times since has been ready and willing to accept and receive said stock from defendant, and to pay for same at the price and rate aforesaid on the delivery thereof, but that defendant, wholly disregarding his duty under the agreement as aforesaid, has failed and refused to perform said agreement on his part, to plaintiff's damage in the sum of two thousand ($2,000) dollars. Wherefore plaintiff prays judgment against the defendant in the said sum of two thousand ($2,000) dollars, together with his costs in this behalf expended." The answer was a general denial.

To prove his case, plaintiff introduced in evidence a voluminous correspondence between himself and the defendant, beginning with the following letter: "Rockford, Ill., Mch. 30, 1903. Mr. Geo. T. Parker, St. Louis, Mo. — Dear Sir: Referring to talk with you at Mr. Dryden's office, on 23d inst., respecting your purchase of some of the stocks sold on the 21st inst., I had a conference yesterday with my brothers and my two nephews, named Cutting, regarding the matter. We will have of these stocks, when reissue is made, 60 shares of S. C. F. Co., and 100 shares of the Car Equip. Corporation — 160 shares in all, and I am authorized to offer the same to you for $20,000. Of course, as you may guess, there are other places where we can dispose of this stock, but we all recognize that we are under some obligations to you. My cousin, Louise J....