Descendants ofPhilip Johannes Bossert
Sixth Generation 
64. Anna (Annie) Violet BUZZARD 1 (Daniel Bigelow48, Daniel26, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 14 Jul 1861 in Richland Co., OH 1 and died before 1903 1 before age 43.
Anna married George Sanborn FRARY ,1 son of Unknown and Unknown , on 18 Apr 1888 in Holden, Johnson, MO.1 George was born on 29 Aug 1864 in Richland, Oswego, NY 1 and died on 31 Jan 1948 in Kinsley, Edwards, Ka at age 83.1
Children from this marriage were:
144 F i. Living
145 F ii. Living
146 F iii. Living
66. Ulysses Grant BUZZARD 1 (Daniel Bigelow48, Daniel26, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 19 Jun 1864 in Richland, OH 1 and died on 21 Apr 1923 1 at age 58.
Ulysses married Sophenia ROBINSON 1 on 22 Aug 1889 in Holden, Johnson, MO.1 Sophenia was born on 3 Mar 1864 1 and died on 31 Jan 1948 at age 83.1
Children from this marriage were:
148 M i. Living
149 F ii. Living
150 M iii. Living
151 F iv. Baby BUZZARD 1 was born on 10 Jul 1890 1 and died on 10 Jul 1890 1 .
152 M v. Baby BUZZARD 1 was born on 15 Sep 1891 1 and died on 17 Sep 1891 1 .
67. Jennette (Jennie) Florence BUZZARD 1 (Daniel Bigelow48, Daniel26, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 7 Jan 1866 in Payson, Adams, Cooper, MO 1 and died on 15 Apr 1928 in 918 Union, Bloomington, Mclean, IL 1 at age 62.
Jennette married Living
Children from this marriage were:
154 F i. Living
155 M ii. Harold Scott DOWNS 1 was born in 1905 1 and died on 11 Oct 1963 1 at age 58.
69. Alice Edith BUZZARD 1 (Daniel Bigelow48, Daniel26, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 16 Jun 1869 in Kingsville, Johnson, Missouri, 1 died on 22 Sep 1911 in Happy, Randall, Texas, 1 at age 42, and was buried in Kingsville, Johnson, Missouri. 1
Alice married Albert Powers FRARY ,1 son of Unknown and Unknown , on 7 Feb 1894 in Holden Or Kingsv, Johnson, Missouri.1 Albert was born on 7 Feb 1867 in Palaski, Oswego, New York 1 and died on 12 Aug 1896 in Coggan, Linn, Iowa at age 29.1
Children from this marriage were:
+ 156 M i. Frederick Spencer FRARY 1 was born on 26 Jan 1895 in Coggan, Linn, Iowa, 1 died on 7 Sep 1974 in Layton, Davis, UT, 1 at age 79, and was buried on 10 Sep 1974 in Layton, Davis, UT. 1
+ 157 F ii. Alberta Joslin FRARY 1 was born on 24 Jul 1896 in Coggin, Linn, Iowa, 1 died on 20 May 1962 in Denver, Colorado, 1 at age 65, and was buried in Crown Hill Cmtry, Denver, Jefferson, Colorado. 1
Alice next married George Sanborn FRARY ,1 son of Unknown and Unknown , on 11 Mar 1903.1 George was born on 29 Aug 1864 in Richland, Oswego, NY 1 and died on 31 Jan 1948 in Kinsley, Edwards, Ka at age 83.1
73. Minnie L. BUZZARD 1 (Daniel Bigelow48, Daniel26, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 9 Jan 1878 in Johnson, MO 1 and died on 28 Jan 1953 in Mclean, IL 1 at age 75.
Minnie married Living
Children from this marriage were:
158 F i. Living
159 F ii. Living
75. Guy Aston BUZZARD 1 (Daniel Bigelow48, Daniel26, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 5 Dec 1881 in Payson, Holden, Johnson, MO 1 and died in 1950 in Emporia, Kansas 1 at age 69.
Guy married Living
Children from this marriage were:
161 M i. Living
162 M ii. Robert BUZZARD 1 died in 1942 in Iwo Jima Island, Japan, W Pacific Ocean 1 .
77. Cora Augusta BUZZARD 1 (Daniel Bigelow48, Daniel26, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 30 Aug 1886 in Payson, Holden, Johnson, MO 1 and died on 28 Jan 1953 1 at age 66.
79. Jasper BUZZARD (George51, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 21 Dec 1839 in Newton County, Missouri and died in 1916 at age 77.
General Notes: 1. Called "The Honorable Jasper Buzzard"
2. According to pages 817 and 818 of Goodspeed History of Missouri:
3. Honorable Jasper Buzzard was born in Newton County, Missouri 21 De c. 18 39. He enlisted in the Second Kansas Calvary, Company K. He was a su ccessf ul farmer. In 1886, he was chosen from the western part of the co un ty as a county judge. He was married twice, the first time, 15 D ec 18 60 to Mary J. Gray, born in VA and died in 1865, leaving 2 childre n. The s econd marriage was April 1866 to Tennessee Gray, a sister to t he first wif e, they had 9 children.
Jasper married Mary J GRAY in 1860. Mary was born in Virginia, died in 1865 in Missouri,and was buried in Burkhart Cemetery.
Children from this marriage were:
163 M i. Living
164 M ii. Living
Jasper next married Living
Children from this marriage were:
165 M i. Living
166 F ii. Living
167 M iii. Living
168 F iv. Living
169 M v. Living
170 M vi. Living
171 M vii. Living
172 F viii. Living
80. Sarah BUZZARD (George51, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1841 and died in 1896 at age 55.
Sarah married Cal UNDERWOOD . Cal UNDERWOOD was buried in Burkhart Cemetery.
81. Andrew Jackson BUZZARD (George51, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1846 in Hornet, Missouri,died on 27 Jul 1883 in Hornet, Missouri,at age 37, and was buried in Hornet Cemetery.
General Notes: 1. From Goodspeed's History of Missouri, page 259:
The trial of A.J. (Andrew Jackson) Buzzard, charged with the murder of J on es, took place at Neosho, Missouri in Jan of 1871. The jury disagr ee d. (I don't know if this means he was aquitted or it was a hung jury)
2. Andrew Jackson Buzzard died from rabies. He had been bitten years bef or e, but it had laid dormant a long time. It overcame him after becomi ng exh austed and overheated while fighting a fire to keep it away from h is ra il fences. He was cared for by his Masonic Lodge Brothers.
3. Arthur Jackson Buzzard was born just 26 days before his father, An dr ew Jackson died. It is said that Andrew heard Arthur cry once before sl ipp ing into coma and dying.
4. From the National Archives and Record Service:
Andrew Jackson Buzzard married Sarah E. Mullins 15 Oct 1868.
Children of Andrew and Sarah:
William L. Buzzard, b. 8 Nov 1874
Horace Andrew Buzzard, b. 9 Sept 1880
Arthur Jackson Buzzard, b. 1 July 1883
Andrew married Sarah Elizabeth MULLINS on 15 Oct 1868. Sarah was born in 1851, died in 1937 in Hornet, Missouri at age 86,and was buried in Hornet Cemetery.
General Notes: Sarah Elizabeth Mullins said she was born in a coverd wagon somewhere be tw een Nevada, Missouri and, Fort Scott Kansas. She was unsure which sta te s he was born in.
Children from this marriage were:
174 F i. Minnie E. BUZZARD was born on 29 Feb 1872 in Hornet, Missouri,died on 13 Jul 1880 in Hornet, Missouri,at age 8, and was buried in Hornet Cemetery.
+ 175 M ii. William Lafayette BUZZARD was born on 8 Nov 1874 in Hornet, Missouri,died on 20 Jun 1945,at age 70, and was buried in Hornet Cemetery.
176 M iii. Clarence BUZZARD was born on 5 Mar 1877 in Hornet, Missouri,died on 14 Apr 1877 in Hornet, Missouri,, and was buried in Hornet Cemetery.
177 M iv. Francis BUZZARD was born on 30 Dec 1878 in Hornet, Missouri,died on 16 Jul 1880 in Hornet, Missouri,at age 1, and was buried in Hornet Cemetery.
+ 178 M v. Horace Andrew BUZZARD was born in 1880 in Hornet, Missouri,died in 1935,at age 55, and was buried in Hornet Cemetery.
+ 179 M vi. Arthur Jackson BUZZARD was born on 1 Jul 1883 in Hornet, Missouri.
82. John K. BUZZARD (George51, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 8 Sep 1850 and died in 1924 at age 74.
General Notes: From Goodspeed's History of Missouri, page 818:
John Buzzard was a brother of Jasper Buzzard. He was born 8 Sept 1850. M ar ried to Hettie Heaton of the "Buckeye State" and they had four children .
John married Living
Children from this marriage were:
180 F i. Living
181 M ii. Living
182 M iii. Living
83. Layfayette BUZZARD (George51, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1852 and was buried in Wyondotte Cemetery.
Layfayette married Rosallee ROBITAILLE . Rosallee ROBITAILLE was buried in Wyondotte Cemetery.
84. George Washington BUZZARD (George51, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1858,died in 1910,at age 52, and was buried in Wyondotte Cemetery.
George married Rowena McDANIELS . Rowena McDANIELS was buried in Wyondotte Cemetery.
85. Living (George51, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1)
88. John Pickney SHERER (Elizabeth BUZZARD52, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 11 Jul 1835 in Seneca, MO and died in 1912 at age 77.
General Notes: During the Civil War, he fought for the South
89. Daniel SHERER (Elizabeth BUZZARD52, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 29 May 1838 in Seneca, MO,died on 24 Jun 1915 in Newton Co, Missouri,at age 77, and was buried in Sparlin Cemetery.
General Notes: During the Civil War, he fought for the NorthREFN146
Was in the Union Army in the Civil War ( north ).
Noted events in his life were:
• Alt. Birth: Alt. Birth, 29 May 1838. Seneca, MO.
• Alt. Death: Alt. Death, 24 Jun 1915. Newton County, MO
• Military. Union Armycivil War
Daniel married Martha SPARLIN , daughter of Unknown and Unknown , on 28 Sep 1858 in Newton County, MO. Martha was born on 20 Feb 1842 in Newton County, MO, died on 22 May 1922 in Newton County, MO at age 80,and was buried in Sparlin Cemetery.
General Notes: REFN147
Died east fo Seneca in her home.
Children from this marriage were:
184 M i. Daniel Richard (Dick) SHERER was born on 13 Mar 1864 in ? and died on 7 Jan 1937 in ? at age 72.
General Notes: REFN149
+ 185 F ii. Mary Grant SHERER was born on 26 Jan 1866 in ? and died on 15 Nov 1938 in ? at age 72.
186 M iii. Johnathan Edward SHERER was born on 11 Apr 1868 in ? and died on 22 Nov 1934 in ? at age 66.
General Notes: REFN194
187 M iv. William (Oscar) Andrew SHERER was born on 21 Oct 1870 in ?.
General Notes: REFN195
Died as an infint.
+ 188 F v. Martha Emaline SHERER was born on 16 Sep 1871 in ? and died on 6 Nov 1904 in ? at age 33.
189 M vi. Henery (Os) Osborn SHERER was born on 23 Mar 1874 in ? and died on 7 Oct 1954 in ? at age 80.
General Notes: REFN197
190 M vii. Charles Dean SHERER was born on 8 Feb 1876 in ? and died in ?.
General Notes: REFN198
191 M viii. Hiram Lee SHERER was born on 24 Feb 1878 in ? and died on 7 Feb 1945 in ? at age 66.
General Notes: REFN199
+ 192 M ix. Joseph Duncan SHERER was born on 2 Nov 1880 in ? and died on 31 Jan 1960 in ? at age 79.
193 M x. Gus Leroy SHERER was born on 13 Aug 1883 in ? and died in ?.
General Notes: REFN201
+ 194 M xi. Fred Norman SHERER was born on 8 Sep 1887 in Seneca, MO. and died on 22 Nov 1961 in Seneca, MO. at age 74.
90. Martin Van Burren SHERER (Elizabeth BUZZARD52, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 7 Nov 1840 in Seneca, MO,died in 1928,at age 88, and was buried in Seneca Cemetery.
General Notes: During the Civil War, he fought for the North
Martin married Lamina SELLERS . Lamina SELLERS was buried in Seneca Cemetery.
91. Emaline SHERER (Elizabeth BUZZARD52, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 7 Feb 1843 in Seneca, MO,died on 9 Jan 1907,at age 63, and was buried in Gallemore Cemetery.
General Notes: See notes on Gallemore Cemetery for Capt Jonathan Buzzard
Emaline married Nathaniel S. SELLERS on 30 Dec 1865. Nathaniel was born in ? and died in ?. Another name for Nathaniel was Nathaniel S. SELLARS.
General Notes: REFN155
92. Sarah SHERER (Elizabeth BUZZARD52, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1845 in Seneca, MO,died in 1914,at age 69, and was buried in Anderson Cemetery.
General Notes: REFN156
Noted events in her life were:
• Alt. Birth: Alt. Birth, 5 Feb 1845, ?.
• Alt. Death: Alt. Death, 1 Jun 1914, ?.
Sarah married Silas SELLERS in ?. Silas was born in ?, died in ?,and was buried in Anderson Cemetery. Another name for Silas was Silas R. SELLERS.
General Notes: REFN157
Twin to Nathaniel (Emiline Sherer's husband.
93. James Edward SHERER (Elizabeth BUZZARD52, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 20 Feb 1852 in Seneca, MO, 2 died on 16 Feb 1943 in Portland, OR, 2 at age 90, and was buried in Seattle, Washington.
General Notes: REFN9
He was a Sherif, killed a man and he quit.
James married Mary Elizabeth ALVEY , daughter of Unknown and Unknown , on 29 Sep 1877 in Seneca, MO.2 Mary was born on 15 Jul 1863 in Texas and died on 3 Oct 1934 in Seattle, WA at age 71.
General Notes: Alias:<ALIA> Mary Elizibith orMolly or Millie /Alvey/
REFN1
Died of Diffuse Bronco Pneumonia. She was Cremated. Buried at Washelli
Cemetary, Seattle, WA.
Birth date is eather 1862 or 1863. ?
Children from this marriage were:
195 M i. Edward SHERER was born on 6 Sep 1879 in ? 2 and died on 11 Aug 1880 in Seneca, MO 2 .
General Notes: REFN11
+ 196 F ii. Maude Y SHERER was born on 7 Feb 1881 in Seneca, MO 2 and died on 7 Oct 1967 in Portland, OR 2 at age 86.
+ 197 F iii. Georgia Montgomery SHERER was born on 24 Jan 1883 in Seneca, MO 2 and died on 17 Feb 1972 in Tustin, CA at age 89.
198 M iv. Henry SHERER was born on 8 Apr 1884 in Seneca, MO 2 and died on 8 May 1963 in Seattle, WA at age 79.
General Notes: REFN8
Disabled by a horse accident at the age of 21. Was never able to work.
Died of Lobar pneumonia.
Buried at Washelli, WA.
199 M v. Lester SHERER was born on 29 Oct 1887 in ? 2 and died on 18 Feb 1891 in Seneca, MO at age 3.
General Notes: REFN13
+ 200 F vi. Goldie May SHERER was born on 5 May 1889 in Seneca, MO 2 and died on 27 Jan 1984 in Portland, Oregon 2 at age 94.
+ 201 F vii. Jean SHERER was born on 7 Jan 1891 in Seneca, MO 2 and died on 30 Apr 1980 in Henet, CA at age 89.
+ 202 F viii. Rita SHERER was born on 20 Feb 1895 in ? 2 and died on 5 Oct 1978 in Mountain View, CA at age 83.
+ 203 M ix. Ted Alvey SHERER was born on 16 Aug 1898 in Seneca, MO 2 and died on 15 Jan 1984 in Kirkland, WA at age 85.
+ 204 M x. Harry Dexter SHERER was born on 2 Feb 1903 in Seneca, MO 2 and died on 19 Aug 1945 in Seattle at age 42.
94. John Pinckney SHERER (Elizabeth BUZZARD52, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 11 Jul 1835 in MO. and died on 17 Jul 1912 in ? at age 77.
General Notes: REFN142
Was in the Confederate Army in the Civial War ( south ).
Noted events in his life were:
• Military. Confederate Army, Civil War
John married Unknown MARY in ?. Unknown was born in 1832 in ? and died in ?.
General Notes: REFN143
Children from this marriage were:
205 M i. Thomas SHERER was born in 1857 and died in 1951 at age 94.
General Notes: REFN144
206 M ii. James SHERER was born in 1859.
General Notes: REFN145
96. Emiline SHERER (Elizabeth BUZZARD52, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 7 Feb 1843 in ? and died on 9 Jan 1907 in ? at age 63.
General Notes: REFN154
Emiline married Nathaniel S. SELLERS on 30 Dec 1865. Nathaniel was born in ? and died in ?. Another name for Nathaniel was Nathaniel S. SELLARS.
General Notes: REFN155
98. Mary (Nmi) SHERER (Elizabeth BUZZARD52, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 9 Feb 1847 in MO and died on 1 Oct 1922 in ? at age 75. Another name for Mary was Mary SHERER.
General Notes: REFN139
Noted events in her life were:
• Alt. Birth: Alt. Birth, 1847. Seneca, MO
• Alt. Death: Alt. Death, 1922.
• Alt. Birth: 1848.
Mary married William C. ADKINS on 6 Jul 1865. William was born in ? and died in ?.
General Notes: Alias:<ALIA> William C. /Atkins/
REFN160
William was in Company "A" 8th IowaCalvary 7-10-1862 - 5-23-1865.
(Randolph CO Illinois)Enlisted in the Calvalry 10 Jul 1862 and was assign ed to Company A, 8th Io wan Calvalry, Randolph Co, IL. He was discharg ed on 23 May 1865.
The child from this marriage was:
+ 207 F i. Living
101. Ariel BUZZARD (John53, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1840.
Ariel married Living
102. Francis Marion BUZZARD (John53, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1843,died in 1932,at age 89, and was buried in Buzzard Cemetery.
General Notes: Called "General"
Francis married Anna WATSON . Anna WATSON was buried in Buzzard Cemetery.
103. James Polk BUZZARD (John53, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 29 Aug 1847 in Seneca, MO,died in 1928,at age 81, and was buried in Buzzard Cemetery.
James married Missouri CARLIN . Missouri CARLIN was buried in Buzzard Cemetery.
104. Jane BUZZARD (John53, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1849,died in 1917,at age 68, and was buried in Kirk Cemetery.
Jane married Enoch DEWEESE . Enoch DEWEESE was buried in Kirk Cemetery.
105. John BUZZARD (John53, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1857 and died in 1934 at age 77.
General Notes: Called "Black John"
John married Frances GALLEMORE . Frances GALLEMORE was buried in Sparlin Cemetery.
106. Lafayet BUZZARD (John53, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1861.
General Notes: name could be Lafayette
107. George BUZZARD (John53, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1862,died in 1932,at age 70, and was buried in Buzzard Cemetery.
George married Lillian WELKER . Lillian WELKER was buried in Buzzard Cemetery.
108. Dallas Kelso BUZZARD (John53, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1864 and died in 1936 at age 72.
General Notes: GALLEMORE v. BUZZARD
1924 OK 168
224 P. 293
98 Okla. 104
Case Number: 12851
Decided: 02/12/1924
Supreme Court of Oklahoma
------------------------------------------------------------------------ -- ------
Cite as: 1924 OK 168, 98 Okla. 104, 224 P. 293
------------------------------------------------------------------------ -- ------
GALLEMORE
v.
BUZZARD.
Syllabus
¶0 1. Pleading--Petition--Failure to Separately State and Number Ca us es of Action--Waiver of Objection.
Section 267, Comp. Stat. 1921, which provides: "Where the petition cont ai ns more than one cause of action, each shall be separately stated and n umb ered," is a statutory right in favor of the defendant, and where the p etit ion fails to comply with the statute and the defendant fails to mo ve for a mendment to comply with the same, the right is waived.
2. Appeal and Error--Discretion of Court--Rulings on Pleadings.
Where the petition states two causes of action, one for an accounti ng a nd the other for breach of contract and damages, and the defendant fi les m otion to make more definite and certain and the court overrules t he motio n, held, the action of the court in passing on the motion, a matt er of jud icial discretion, and will not be disturbed by this court witho ut it is ma de to appear the court abused its discretion to the prejudi ce of the defen dant.
3. Appeal and Error--Review--Conclusiveness of Verdict.
In an action for an accounting and breach of contract and damages, whe re t he issues are tried to a jury, and the jury return a verdict for t wo item s, one for the accounting and one for damages, and the court rende rs judgm ent accordingly, and there is evidence supporting the judgment f or the it em on accounting, this court, on appeal, will not disturb the ju dgment f or the accounting.
4. Damages--Measure--Prospective Profits--Breach of Contract to Furni sh Mo ney.
Where B., a miller, enters into a contract with G., a banker and money l en der, for the purpose of moving his flour mill from Racine, Mo., to Fair lan d, Okla., and G. agrees to furnish the money to pay off the incumbranc es a gainst the mill and pay for removing the mill and rebuilding it on t he n ew site and to furnish the money to supply the mill with necessary g ra in to keep it in operation, and G. fulfills the agreement in all resp ec ts except to furnish money to supply the grain, and B. brings suit f or bre ach and damages, the measure of damages is the profit B. would ha ve made f rom the products of the mill as contemplated by the contract.
5. Sufficiency of Evidence.
The record examined, and held sufficient to sustain the judgment on acco un ting, but not sufficient to sustain the judgment for damages.
Commissioners' Opinion, Division No. 3.
Error from District Court, Ottawa County; S. C. Fullerton, Judge.
Action by D. K. Buzzard against N. C. Gallemore for an accounting and da ma ges. Judgment for plaintiff, and defendant brings error. Affirm ed in pa rt and reversed in part.
W. H. Kornegay and J. G. Austin, for plaintiff in error.
Shannon & Shannon, for defendant in error.
THREADGILL, C.
¶1 The defendant in error, as plaintiff, filed suit against the plain ti ff in error, as defendant, on June 20, 1917, in the district court of O tta wa county for an accounting and breach of contract and damages in t he s um of $ 10,000. For convenience the parties will be referred to as th ey ap peared in the trial court. Plaintiff's petition consists of five par agraph s. In the first, it states that he is a miller and the defenda nt is a bank er and a money lender at Fairland, Okla., that about Februa ry 1, 1914, a nd prior thereto, the plaintiff owned a grist mill near t he town of Racin e, Newton county, Mo., and a farm incumbered with mortgag es; that about Fe bruary 1, 1914, he and defendant entered into a contra ct for the purpo se of moving the mill to Fairland, in which it was agre ed that the defenda nt would get the people of Fairland to donate enough m oney to buy a mill s ite at that place for the plaintiff, the same to be f ree as an induceme nt for him to move his mill to Fairland, and that the d efendant agre ed to pay off and discharge the incumbrances on the mill, a nd pay the expe nse of moving the same to Fairland and rebuilding it on t he donated mill s ite, and furnish money with which to keep plaintiff supp lied with grain su fficient to operate. The money advanced was to be in t he nature of a lo an to plaintiff. Plaintiff was to sell the farm and tu rn the money ov er to the defendant for him to keep and account for in t he operation of t he mill and for the purchase of grain for that purpos e. The defendant in p erson and through the bank he controlled should ha ve the custody of all fu nds of the plaintiff to see that they were us ed in carrying out the ter ms of the contract.
¶2 In the second paragraph plaintiff states that the mill site was purch as ed as agreed; that the defendant advanced him $ 3,500 for a year at t en p er cent. interest, evidenced by note for $ 3,850 secured by mortga ge on t he mill and new site; that defendant loaned plaintiff other su ms of mone y, but not enough to keep the mill supplied with grain for grin ding purpos es; that plaintiff sold the farm and turned the money into t he custo dy of defendant and the defendant and bank had the control of a ll his fund s.
¶3 In the third paragraph plaintiff complains that defendant is chargi ng h im for the mill site in the sum of $ 300. The defendant is indebt ed to h im for funds placed in his hands in the sum of $ 448.67, as sho wn by an it emized statement attached.
In the fourth paragraph plaintiff states that he sold the farm and pl ac ed the proceeds in the hands of the defendant that he might see that t he m oney was used in operating the mill and payment of plaintiff's indebt edne ss to the defendant and bank, and the defendant applied all the proc ee ds of the farm in paying the notes not yet due, and failed and ref us ed to furnish him money to buy grain in the operation of the mill and p lai ntiff could not operate the mill successfully, and even h ad to se ll it at a sacrifice for lack of funds for this purpose.
¶4 In the 5th paragraph plaintiff states as follows:
"Wherefore plaintiff says that by reason of the defendant's aforesaid fa il ure to honestly account to the plaintiff and pay over to him the fun ds bel onging to the plaintiff and in the custody and under the contr ol of the de fendant, as aforesaid, and by reason of the failure of the de fendant to ke ep the plaintiff supplied with sufficient funds with whi ch to buy sufficie nt grain to keep said mill in operation and by reas on of defendant's unlaw ful appropriation of funds in his hands belongi ng to the plaintiff to t he payment of notes which were not due, plainti ff has sustained a great lo ss on account of not being able to operate sa id mill continuously and a gr eat loss in the sale of said mill at a sacri fice price and has sustained t he loss of the aforesaid sum of $ 448.67 a ll to his damage in the s um of $ 10 000, for which amount, and the cos ts of this action, the plaint iff asks judgment."
¶5 The defendant filed a motion to make the petition more definite and c er tain which was as follows:
"1. That he be required to set out the date or dates of the items of acc ou nting listed in his Exhibit A. 2. To state whether or not the alleged c ont ract to have been entered into on or about the first of February, 191 4, w as in writing and set out a copy thereof or allege a reason where by sa me is not done or if same be a verbal contract to so state and to st ate al so the length of time the said contract was to continue. 3. To s et out par ticularly the source and origin of the alleged damages and ea ch item there of for the alleged breach in such manner that the defenda nt may know for w hat specific item and things he is being called up on to respond in damag es and if the same be for prospective profits, f or what length of time a nd during what period and from what source the sa me are alleged by plainti ff to have arisen and the reason for the liabili ty of the defendant to res pond thereto."
¶6 This motion was overruled and the defendant excepted. Defendant off er ed a general demurrer, which being overruled, he filed his answer, in w hi ch he admits that he loaned the plaintiff money to pay off certain inde bte dness against the mill at Racine, Mo., and assisted him in getti ng a mi ll site at Fairland, Okla., but denies generally the contract clai med by t he plaintiff. He admits the correctness of the account set o ut in plaintif f's Exhibit A. except rebate on insurance policy and ite ms of intere st on two notes, but states that the exhibit is incomplete a nd there is no thing due on items stated according to their settlement Jan uary 21, 1915.
¶7 The defendant pleads other items against the plaintiff for service s, co mmissions, and interests and attorney's fees, and asks for costs a nd by w ay of counterclaim asks for $ 225.43. Plaintiff filed a reply of g eneral d enial. The cause was tried to a jury October 2, 1919, and result ed in a ve rdict and judgment in favor of the plaintiff in the sum of $ 26 1.89, on t he accounting, and $ 4,000 damages, and the defendant has appea led by peti tion in error and case-made.
¶8 In the trial, when all the testimony was in, the plaintiff was permi tt ed by the court to file an amended petition, which does not material ly cha nge the original petition except that the defendant was to keep t he plaint iff supplied with sufficient grain to operate the mill continuo us ly if it was moved to Fairland.
¶9 The defendant filed motion to require plaintiff to separately sta te a nd number his cause of action and state damages claimed on accou nt of fail ure to lend the money claimed. The record does not show any act ion on th is motion.
1. The first complaint on the part of defendant is that the court e rr ed in overruling his motion to require the plaintiff to separately sta te a nd number the causes of action and to make definite and certain. It s ee ms that the defendant in this complaint gets the two motions mix ed in h is mind. It will be observed that the motion to the original petit ion d id not ask that the petition state and number the causes of acti on b ut to make more definite and certain. It is plain that the petition c onsis ts of two causes of action, one for an accounting of monies plac ed in cust ody of defendant and the other for damages for breach of contra ct that sho uld have been set out and stated separately as provided by sec tion 267, Co mp. Stat. 1921, which reads as follows:
"Where the petition contains more than one cause of action each sha ll be s eparately stated and numbered."
¶10 The defendant did file a motion to the amended petition asking for s ep arate counts but it does not appear that any action was taken on this m oti on. We think this was a statutory right in favor of the defendant a nd wou ld be error for the court to overrule said motion in a proper cas e. Pier ce v. Bicknell, 11 Kan. 262; Stewart et al. v. Balderston et al ., 10 Ka n. 131.
¶11 But, inasmuch as defendant in this case did not make proper applica ti on at first to have the causes of action separately stated and numbere d, a nd obtained no action of the court when his motion was filed to the a mend ed petition, he has waived the statutory right to complain.
¶12 While the action of the court in passing on motion and objecti on to pl eadings is largely a matter of judicial discretion, yet we thi nk in this c ase it would have been better for all concerned if the cou rt had sustain ed the motion to make more definite and certain and especia lly since its i ndefiniteness was not entirely cured by the amended petiti on, filed aft er all the evidence was in. From an examination of the recor d, it appea rs that the plaintiff had two causes of action against the def endant, b ut the cause for damages is very indefinitely stated and the cou rt and ju ry and parties litigant were all at a disadvantage in understand ing clear ly the points at issue.
¶13 The defendant states 15 assignments of error, but does not discu ss th em except in a general way. The matter of the accounting needs but l itt le consideration in this appeal. The items of the account were broug ht o ut in the evidence on both sides and the jury found that the plainti ff sho uld recover on the accounting $ 261.89, and the court approved a nd render ed judgment for same, and we think the evidence is amply suffici ent to sup port this part of the judgment, and under the well establish ed rule of th is court, this part of the judgment will not be disturb ed on appeal.
¶14 The defendant contends that the contract claimed by the plainti ff w as a contract only for the loan of money and the damages claimed a nd award ed in the trial were erroneous not being based upon the proper me asu re of damages, discussing the subject under two heads:
"(1) As to what may be a valid contract to loan money; and (2) damages r ec overable for breach of contract to loan money" --and citing many author iti es in support of his contention.
¶15 We cannot agree with defendant's application of the argument he m ak es and the authorities he cites to the facts in this case. The petiti on al leged that the defendant was to furnish money in paying off the incu mbranc es against the mill and for moving it from Racine to Fairland, a nd for sup plying the grain to operate the mill, and the money was furnish ed for ever ything according to the agreement except for the necessary whe at for opera ting the mill. This point was the point of the plaintiff's ad vantage and g ain in the whole transaction, and these profits were in cont emplation of t he contract, and whatever damages resulted in a failu re of the contra ct in this respect would be recoverable. In 17 C. J. 86 5, the rule is stat ed as follows:
"Ordinarily the breach of a contract to loan money will not impose a lia bi lity in damages particularly where the loan is to be repaid on dem an d, in the absence of particular circumstances, since no injury will re su lt if the same amount may be borrowed from another on the same terms. H owe ver, the presence of special circumstances which are in the contempla ti on of the parties may impose a liability, in which case, the damag es wi ll be measured by the actual loss sustained."
¶16 In Michael Murphy, Receiver, v. L. B. Hanna et al. 37 N.D. 156, 1 64 N. W. 32 the same rule is stated as follows:
"The measure of damages for the breach of a contract obligation to lo an mo ney is not necessarily restricted to nominal damages; and where it a ppea rs that special circumstances were known to both parties, from whi ch it mu st have been apparent that special damages would be suffered in c ase of fa ilure to fulfill the obligation, such special damages as may app ear to ha ve been reasonably contemplated by the parties are recoverable."
¶17 There are many cases supporting the rule that profits are recover ab le as damages in a proper case: Ft. Smith, etc., Ry. Co. v. William s, 30 O kla. 726, 121 P. 275; Cloe v. Rogers, 31 Okla. 255, 121 P. 201; Ma ck ey v. Boswell et al., 63 Okla. 20, 162 P. 193; Bishop-Babcock-Beck er C o. v. Estes Drug Co., 63 Okla. 117, 163 P. 276; Cushman Motor Wor ks C o. v. Kelley, 70 Okla. 173 P. 1042.
¶18 We think that the items of damages should have been set out more cle ar ly in the petition and the proof confined to the items stated. We ha ve exa mined the record to determine just what the evidence was as to lo ss of t he plaintiff in the matter of profits in not having wheat to ke ep the mi ll running, and we do not think the evidence sufficient to susta in the jud gment for damages. The plaintiff did operate the mill a pa rt of the time a nd according to his statement was building up a good trad e. There is nothi ng definite as to the number of days he ran the mil l, as to what amou nt of wheat he ground and barrels of flour turned ou t. The capacity of t he mill is given and the profit on the flour, short s, and bran, but the fa ilure is in not showing with reasonable certain ty the approximate numb er of days to reach the capacity of the mill and t he necessary amount of w heat to meet the demand. The testimony disclos ed by the record is too inde finite on this point to sustain the judgmen t. We, therefore think the judg ment for the accounting should be affirme d, and the cause should be revers ed with direction to the trial cou rt to set aside the judgment for damag es and grant the defendant a new tr ial on these issues.
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Final decision from lower court
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MILBOURN v. BUZZARD
1926 OK 911
252 P. 15
123 Okla. 89
Case Number: 17385
Decided: 11/16/1926
Supreme Court of Oklahoma
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Cite as: 1926 OK 911, 123 Okla. 89, 252 P. 15
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MILBOURN, Adm'r,
v.
BUZZARD.
Syllabus
¶0 1. Damages -- Measure of Damages for Breach of Contract to Finance F lo ur Mill.
Where B., a miller, enters into a contract with G., a banker and money l en der, for the purpose of moving his flour mill from Racine, Mo., to Fair lan d, Okla., and G. agrees to furnish the money to pay off the incumbranc es a gainst the mill and pay for removing the mill and rebuilding it on t he n ew site and to furnish the money to supply the mill with necessary g ra in to keep it in operation, and G. fulfills the agreement in all resp ec ts except to furnish the money to supply the grain, and B. brings su it f or breach and damages, the measure of damages is the profit B. wou ld ha ve made from the products of the mill as contemplated by the contrac t.
2. Same--Recovery Sustained.
Record examined; held, sufficient to support judgment.
J. G. Austin, for plaintiff in error.
George I. Shannon, for defendant in error.
WILLIAMS, C.
¶1 This action was first begun by D. K. Buzzard, as plaintiff, aga in st N. C. Gallemore, defendant, for damages alleged to be owing for br ea ch of contract, and for an accounting. The case was tried and judgme nt ren dered in favor of plaintiff for $ 261.89 on account, and for damag es in t he sum of $ 4,000. Upon appeal the judgment on the accounting w as affirme d, and the judgment for damages was reversed, being cause No. 1 2851 in t he Supreme Court, the decision being reported in 98 Okla. 104, 2 24 P. 29 3. On the return of this cause to the district court, the cau se of acti on on accounting being eliminated, the plaintiff filed his thi rd amended p etition, alleging, in substance, the following state of facts :
¶2 That he (plaintiff) is a miller and defendant is a banker and a mon ey l ender at Fairland, Okla.; that about February 1, 1914, and prior ther et o, the plaintiff owned a grist mill near Racine, Mo., and a farm incumb er ed with mortgages; that about February 1, 1914, he and defendant enter ed i nto a contract for the purpose of moving the mill to Fairland; th at by t he terms of this agreement defendant was to furnish plaintiff a mi ll si te at Fairland free; that defendant agreed to pay off and dischar ge the in cumbrances on the mill and farm, and pay the expense of moving t he sa me to Fairland and rebuilding it on the donated mill site; that defe nda nt agreed to furnish money with which to keep plaintiff supplied wi th gra in sufficient to operate, the money so advanced to be in the natu re of a l oan. Plaintiff was to sell the farm and turn the money over to t he defenda nt for him to keep and account for in the operation of the mil l, and for t he purchase of grain for that purpose. The defendant in pers on and throu gh the bank he controlled was to have the custody of all fun ds of the plai ntiff to see that they were used in carrying out the ter ms of the contract .
¶3 Plaintiff alleges that he fully performed all his part of the agreem en t; moved his mill to Fairland, sold his farm, and turned the procee ds ov er to defendant; that defendant furnished the mill as agreed, paid t he ind ebtedness, and rebuilt the mill on the new site, but failed and ref us ed to furnish plaintiff with sufficient grain, or money to buy grai n, wi th which to operate the mill. The plaintiff, having mortgaged a ll of his p roperty to defendant as security for the money expended by def endant in mo ving the business, and having turned over to defendant the pr oceeds of t he farm, was without funds and unable to obtain funds from a ny other sour ce with which to buy grain to operate the mill, and th at by reason of defe ndant's failure to carry out his agreement to furni sh plaintiff money to b uy grain, the plaintiff could not operate the mi ll successfully and was on ly able to operate the mill one-fourth of the t ime, all to his damage in t he sum of $ 12,700, and prayed judgment for th at amount and costs.
¶4 Before the trial of this cause the defendant died, and the case rev iv ed in the name of the administrator, who having filed a general de ni al to the petition, the cause was tried to the court and jury, and judg me nt had in favor of plaintiff in the sum of $ 5,000 and costs. From th is ju dgment the defendant has appealed to this court, arguing his numero us assi gnments of error under the following two general heads: First, t he suffici ency of the pleadings to justify the action of the court thereu nder; and s econd the sufficiency of the evidence to justify the instructi ons and ruli ngs of the court and the verdict and judgment rendered.
¶5 We have carefully examined the pleadings in this case, and are of t he o pinion that they were sufficient to join the issues, and that the cou rt d id not commit error in overruling the several motions and demurrers l evel ed at the pleadings by the defendant. The defects in the pleadin gs in t he former trial of this cause were pointed out by this court in t he form er appeal and complied with in the second trial of this cause.
¶6 A large portion of defendant's brief and argument goes to matters pro pe rly eliminated from the present case, those questions having been adjud ica ted by the former decision. Every question of law involved in this ca se w as settled by the former decision. This court sustained the positi on of t he plaintiff as to the validity of the contract and as to the liab ili ty of the defendant for a breach, and fixed the measure of damages f or a b reach of this particular contract, syllabus paragraph 4 of the deci sion be ing as follows:
"Where B., a miller, enters into a contract with G., a banker and mon ey le nder, for the purpose of moving his flour mill from Racine, Mo ., to Fairla nd, Okla., and G. agrees to furnish the money to pay off t he incumbranc es against the mill and pay for removing the mill and rebuil ding it on t he new site, and to furnish the money to supply the mill wi th necessary gr ain to keep it in operation and G. fulfills the agreeme nt in all respec ts except to furnish the money to supply the grain, a nd B. brings suit f or breach and damages, the measure of damages is the p rofit B. would ha ve made from the products of the mill as contemplat ed by the contract."
And in the body of the opinion, this court said:
"We cannot agree with defendant's application of the argument he mak es a nd the authorities he cites to the facts in this case. The petition a lleg ed that the defendant was to furnish money in paying off the incumbra nc es against the mill and for moving it from Racine to Fairland, and f or sup plying the grain to operate the mill, and the money was furnished f or ever ything, according to the agreement, except for the necessary whe at for ope rating the mill. This point was the point of the plaintiff's ad vantage a nd gain in the whole transaction, and these profits were in cont emplati on of the contract, and whatever damages resulted in a failu re of the cont ract in this respect would be recoverable."
¶7 This brings us to a consideration of the only remaining questi on in t he instant case, i. e., defendant's second proposition: "The suffi cien cy of the evidence to support the verdict." Plaintiff testified th at the c apacity of the mill could reasonably be placed at 35 barrels p er day; th at each barrel of flour represents five bushels of wheat. Wi th wheat selli ng on an average of $ 1 per bushel, as it did, flour wou ld sell for $ 6 p er barrel--a profit of $ 1 per barrel. At capacity the m ill would grind 1 75 bushels per day; that to each bushel of wheat the re is about 20 poun ds of offal, worth on the average $ 1 per 100 lbs .; on a day's run the val ue of the offal is $ 35, which, added to the pro fit on the flour, makes t he sum of $ 70 per day gross for the mill at cap acity. Plaintiff in prayi ng judgment only estimated his loss at $ 30 p er day. Taking into considera tion the amount he estimated it took to oper ate the mill, we believe he w as duly conservative.
¶8 In passing on this proposition, we quote from that part of the opi ni on of this court in the former case by Threadgill, C., reversing and re man ding the case, as follows:
"We think that the items of damages should have been set out more cle ar ly in the petition and the proof confined to the items stated. We ha ve exa mined the record to determine just what the evidence was as to t he lo ss of the plaintiff in the matter of profits in not having whe at to keep t he mill running, and we do not think the evidence sufficie nt to sustain t he judgment for damages. The plaintiff did operate the mi ll a part of t he time and according to his statement was building up a go od trade. The re is nothing definite as to the number of days he ran the m ill, as to wh at amount of wheat he ground, and barrels of flour turned ou t. The capaci ty of the mill is given and the profit on the flour, short s, and bran b ut the failure is in not showing with reasonable certainty t he approxima te number of days to reach the capacity of the mill and the n ecessary amou nt of wheat to meet the demand. The testimony disclosed by t he record is t oo indefinite on this point to sustain the judgment."
¶9 After a careful examination and review of the entire record, we fi nd th at the items of damages are clearly set out in the petition and t he pro of confined thereto; that the pleadings were regular and sufficien t; th at the instructions of the court embodied the law applicable to t he fact s. We believe the instant case was fairly tried in all respects a nd in com pliance with the orders contained in the former decision of th is case, a nd there being sufficient competent evidence tending to suppo rt the judgme nt under the well-established rule of this court, the sa me is affirmed.
¶10 By the Court: It is so ordered.
Dallas married Sarah RINEHART . Sarah RINEHART was buried in Buzzard Cemetery.
109. Elizabeth TESTERMAN (Margaret BUZZARD54, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1839 in McDonald Co, Missouri.
110. Mary Ann TESTERMAN (Margaret BUZZARD54, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1839 in McDonald Co, Missouri.
Mary married Living
Children from this marriage were:
208 F i. Living
209 M ii. Living
210 F iii. Living
211 M iv. Living
111. Sarah Jane TESTERMAN (Margaret BUZZARD54, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1842 in McDonald Co, Missouri and died in Southwest City, MO.
Sarah married Ira WILLIAMS . Ira WILLIAMS died in McDonald Co, Missouri.
Children from this marriage were:
213 M i. Junior Ira WILLIAMS was born in 1858.
214 M ii. Robert W. WILLIAMS was born in 1860.
Sarah next married John Richard Cashmere SHIELDS on 19 Aug 1869 in Southwest City, MO. John was born on 18 Oct 1849 in Southwest City, MO and died in Southwest City, MO.
Children from this marriage were:
215 M i. William SHIELDS was born in 1870 in Southwest City, MO.
216 M ii. George SHIELDS was born in Feb 1873 in Southwest City, MO.
217 F iii. Margaret SHIELDS was born in 1878 in Southwest City, MO.
115. Margaret E. TESTERMAN (Margaret BUZZARD54, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1851 in McDonald Co, Missouri.
116. Caroline TESTERMAN (Margaret BUZZARD54, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1856 in McDonald Co, Missouri.
117. Amanda TESTERMAN (Margaret BUZZARD54, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1859 in McDonald Co, Missouri.
118. Living (Peter55, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1)
119. Living (Peter55, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1)
120. Living (Peter55, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1)
121. Dove BUZZARD (Peter55, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was buried in Grove, Oklahoma.
Dove married Pleasant CAULK . Pleasant CAULK was buried in Grove, Oklahoma.
122. Martha BUZZARD (Peter55, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1840 and died in 1932 at age 92.
124. Amanda BUZZARD (Peter55, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1856.
125. William BUZZARD (Simon56, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1852 and died in 1928 at age 76.
126. John S. BUZZARD (Simon56, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1856 and died in 1935 at age 79.
John married Living
Children from this marriage were:
+ 218 M i. Walter Bransford BUZZARD was buried in New Salem Cemetery.
+ 219 F ii. Maggie BUZZARD was buried in Oregon State.
+ 220 F iii. Living
+ 221 M iv. Johnny Kirk BUZZARD was buried in Seneca Cemetery.
+ 222 F v. Living
+ 223 M vi. Claude Ernest BUZZARD was born in 1885,died in 1950,at age 65, and was buried in Belfast Cemetery.
127. Jonathan L. BUZZARD (Simon56, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1860 and was buried in Luther, Oklahoma.
General Notes: Called Uncle Shug
Jonathan married Norah WINDCHESTER . Norah WINDCHESTER was buried in Luther, Oklahoma.
129. Living (Jonathan B. (Junior)57, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1)
130. Living (Jonathan B. (Junior)57, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1)
131. Will Clifford BUZZARD (Jonathan B. (Junior)57, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) died in 1901 and was buried in Burkhart Cemetery.
General Notes: Died from a delayed mine blast
Will married Elmelda PATTON . Elmelda PATTON was buried in Burkhart Cemetery.
132. Living (Jonathan B. (Junior)57, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1)
133. Johnny BUZZARD (Jonathan B. (Junior)57, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was buried in I.O.O.F. Cemetery, Neosho, Missouri.
Johnny married Chrissy RENTZ . Chrissy RENTZ was buried in I.O.O.F. Cemetery, Neosho, Missouri.
General Notes: I.O.O.F. stands for International Order Of Good Fellows
134. George Franklin BUZZARD (Jonathan B. (Junior)57, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1858 and died in 1906 at age 48.
135. Cynthia Ann BUZZARD (Jonathan B. (Junior)57, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1863,died in 1940,at age 77, and was buried in Seneca Cemetery.
Noted events in her life were:
• Alt. Birth: 1863. Leavenworth, Kansas
• Alt. Death. Hornet, Missouri
Cynthia married William Henry MULLINS on 14 Sep 1885. William was born on 20 Sep 1860, died on 7 Feb 1938 in Seneca, Missouri at age 77,and was buried in Seneca Cemetery.
Children from this marriage were:
224 F i. Ada Blache MULLINS was born on 13 Mar 1886 in Newton Co, Missouri and died in Seneca, MO.
+ 225 F ii. Minnie Ercell MULLINS was born on 6 Nov 1887 in Hornet, Missouri and died on 17 Nov 1962 in Los Angeles, CA at age 75.
226 F iii. Grace MULLINS was born on 12 Aug 1889 in Cowley Co, KS and died on 28 Nov 1890 in Cowley Co, KS at age 1.
+ 227 M iv. William Grant MULLINS was born on 7 Jan 1891 in Cowley Co, KS and died in Glendale, CA.
+ 228 M v. Walter Buel MULLINS was born on 13 Nov 1892 in Sumner Co, KS and died in Apr 1971 in Bristow, OK at age 78.
229 F vi. Nellie MULLINS was born on 18 Dec 1894 in Granby, MO and died on 25 Oct 1969 in Seneca, MO at age 74.
+ 230 M vii. Charles Anderson MULLINS was born on 29 Dec 1895 in Granby, MO and died on 15 Oct 1943 in Bristow, OK at age 47.
+ 232 F ix. Living
+ 233 F x. Living
+ 234 F xi. Living
136. Susannah BUZZARD (Jonathan B. (Junior)57, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1863,died in 1928,at age 65, and was buried in Burkhart Cemetery.
General Notes: Cynthia and Susannah were twins
Susannah married Henry HANSFORD . Henry HANSFORD was buried in Burkhart Cemetery.
137. Jacob BUZZARD (Jonathan B. (Junior)57, Jonathan B.27, Philip Jacob7, Heinrich2, Philip Johannes1) was born in 1870,died in 1906,at age 36, and was buried in Burkhart Cemetery.
Jacob married Elna SMITH . Elna SMITH was buried in Burkhart Cemetery.
138. Maria M. BOSSARD (John (Jr.)58, John31, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 12 Sep 1853 in Holmes Co, OH and died in 1935 in Holmes Co, OH at age 82.
Maria married William REID on 30 Nov 1871. William was born on 8 Feb 1851.
Children from this marriage were:
235 F i. Leona L. REID was born on 14 Nov 1872.
236 F ii. Mary Josephine REID was born in 1874.
237 F iii. Unknown Child REID was born in 1877.
238 F iv. Ada Mae REID was born on 22 Jan 1880.
239 F v. Marie Nettie REID was born on 13 Jul 1883.
240 F vi. Living
241 M vii. Living
242 M viii. Living
139. William Asbury BOSSARD (John (Jr.)58, John31, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 9 Feb 1855 in Washington Twp, Holmes Co, OH and died on 30 Jun 1947 in Mansfield, Ohio at age 92.
William married Magdolena HEINBERGER in 1884. Magdolena was born on 27 May 1862.
Children from this marriage were:
244 F i. Living
245 M ii. Living
246 F iii. Living
140. John Clinton BOSSARD (John (Jr.)58, John31, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 11 Dec 1862 in Holmes Co, OH and died on 14 Jan 1938 in Holmes Co, OH at age 75.
John married Cora M. DERRENBERGER on 29 Sep 1887 in Holmes Co, OH. Cora was born on 14 May 1869 in Holmes Co, OH.
Children from this marriage were:
248 M i. Living
249 F ii. Living
250 F iii. Living
251 M iv. Living
141. Martha Jane BOSSARD (John (Jr.)58, John31, Philip Jacob7, Heinrich2, Philip Johannes1) was born on 28 Dec 1865 in Holmes Co, OH and died on 3 Sep 1951 in Holmes Co, OH at age 85.
Martha married Calvin Luthur LONGSHORE on 6 Oct 1883 in Holmes Co, OH. Calvin was born on 9 Feb 1832.
Children from this marriage were:
253 F i. Living
254 F ii. Living
255 M iii. Living
256 M iv. Living
257 M v. Living
258 F vi. Living
259 F vii. Living
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