Joplin Waterworks Co. v. City of Joplin
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Eon. Jos. D. Perkins, Judge. (1) Plaintiff introduced in evidence no ordinance contract described in plaintiff’s petition. There was a complete failure of proof, and the finding’ should have been for defendant. (2) Plaintiff offered no evidence that it complied with its contract. It conceded by offering’ no evidence in rebuttal that it failed to comply with it.
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Appeal from Jasper Circuit Court. — Eon. Jos. D. Perkins, Judge. (1) Plaintiff introduced in evidence no ordinance contract described in plaintiff’s petition. There was a complete failure of proof, and the finding’ should have been for defendant. (2) Plaintiff offered no evidence that it complied with its contract. It conceded by offering’ no evidence in rebuttal that it failed to comply with it. It could recover only for the. value of the water furnished and accepted by the city. The burden was on plaintiff to prove the value of the water furnished. It did not even offer to do this. Here…
1Opinion of the Court
STATEMENT.
FOX, J.
This cause is brought here by appeal from a judgment- of the Jasper Circuit Court. That we may fully understand the nature of this controversy and the issues presented, we here insert the pleadings. They are voluminous, but it is difficult to intelligently pass upon the questions involved, without first fully comprehending the issues as made by the pleadings. The petition contains two counts, and is as follows:
“First Count.
“Plaintiff states that it is a corporation duly formed and existing under the laws of the State of Missouri, and engaged in the business of supplying water…
2Cases cited7 opinions
- Aurora Water Co. v. City of AuroraSupreme Court of Missouri · 1895
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
- Graff v. FosterSupreme Court of Missouri · 1878
- Buck v. People's Street Railway & Electric Light & Power Co.Supreme Court of Missouri · 1891
- Glenn v. HuntSupreme Court of Missouri · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gross v. WattsSupreme Court of Missouri · 1907
- Lumsden v. ArbaughMissouri Court of Appeals · 1921
- State Ex Rel. Park National Bank v. Globe Indemnity Co.Missouri Court of Appeals · 1928
- Daly v. City of CarthageMissouri Court of Appeals · 1910
- City of Charleston v. CokerMissouri Court of Appeals · 1917
2 more not listed; retrieve them via the Exa API.