112 Mo. 516 | Mo. | 1892
The petition in this case alleges that defendants associated themselves together in the year, 1887, under the name of the “Sedalia Loan & Investment Company;” that, on the twelfth day of April, 1887, plaintiff executed a contract by which he gave defendants, under the name aforesaid, an option to purchase a tract of land near Sedalia in Pettis county, for the sum of $25,600, $500 of which was then paid, and the balance being payable as follows: $500 in sixty days, $500 in ninety days, $4,500 August 1st, $6,000 in one year, and the balance in two years after the deed should be made; that on the nineteenth day of April, 1887, defendants directed plaintiff to execute
In the second count it is simply charged that defendants, under the name and style of James H. Douglass, executed and delivered to plaintiff the said note of $14,200, and judgment is prayed for the balance due thereon. This action was begun on the seventh day of January, 1889. On April 5, 1889, the defendants answered denying generally the allegations of the petition. At the trial in October, 1889, defendants objected to the introduction of any evidence, because the petition did not state facts sufficient to constitute a cause of action, which was overruled; and, at the close of the case, the court sustained a demurrer to the evidence, whereupon plaintiff took a nonsuit, with leave, etc. The court having refused to set aside this nonsuit, plaintiff brought the case to this court by appeal.
This judgment will have to be affirmed, on the.