Fisher v. During
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The instruction given for the plaintiff was clearly erroneous and ought not to have been given, because it submitted issues not made by the pleadings. Hassett v. Rust, 64 Mo. 325; Gessley v. Railroad, 26 Mo. App. 156; Waddingham v. Hulett, 92 Mo. 528; Larimorev. Legg, 23 Mo.
Read the full summary
Appeal from the Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The instruction given for the plaintiff was clearly erroneous and ought not to have been given, because it submitted issues not made by the pleadings. Hassett v. Rust, 64 Mo. 325; Gessley v. Railroad, 26 Mo. App. 156; Waddingham v. Hulett, 92 Mo. 528; Larimorev. Legg, 23 Mo. App. 645; 75 Mo. 96. (2) The undisputed evidence shows that, at the time of the contract with Fisher-and his associates, no steps whatever had been taken by the Lamb Mining Company towards forfeiting the lot on defendant. (1) There is no variance…
1Opinion of the CourtGill, J.
— This action was brought before a justice of the peace and is for the recovery of $25, the amount plaintiff alleges he paid defendant on the purchase of a one eighth interest in a mining lease or license then claimed to belong to defendant. The substance of the complaint was that defendant owned no such interest and failed to convey the same to plaintiff, and that therefore the money was paid to defendant without consideration.' On a trial before the justice plaintiff recovered. The case was then taken by appeal to the circuit court, where on a trial anew before the court without a jury…
2Cases cited1 opinion
- Garvey v. GuntherMissouri Court of Appeals · 1892