Peper v. St. Louis Brass Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) The judgment must fail for want of proof to support the material allegations of the petition. (2) Even if this were not true, the judgment must fail for want of proof of damages. (1) All the facts being before the court, the court will determine as a matter of law whether or not defendant was guilty of a breach of covenant. Knapp Co. v. Standley, 45 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) The judgment must fail for want of proof to support the material allegations of the petition. (2) Even if this were not true, the judgment must fail for want of proof of damages. (1) All the facts being before the court, the court will determine as a matter of law whether or not defendant was guilty of a breach of covenant. Knapp Co. v. Standley, 45 Mo. App. 264. (2) An engine whose crank pin is essential to the transmission of power to the machinery proper is not in perfect condition when said crank pin is broken…
1Opinion of the CourtGoode, J.
(after stating the facts). — These points are raised: First, no evidence was adduced to establish a breach of the covenant by defendant to turn *194over to the lessors, at the expiration of the term, the engine, machinery and appliances in perfect condition, save natural wear and tear; the gist of this contention being the broken condition of the crank pin was not shown to have resulted otherwise than from natural wear and tear' Second, no proof was made of the amount of damage sustained by plaintiffs, even if the covenant was breached by defendant. According to the fourth and sixth paragraphs of…
2Cases cited4 opinions
- McIntosh v. LownNew York Supreme Court · 1867
- Burke v. PierceCourt of Appeals for the Third Circuit · 1897
- Holtz v. StateWisconsin Supreme Court · 1890
- Thompson v. CummingsMissouri Court of Appeals · 1890
3Cited by4 opinions
- Cyclops Corporation v. Home Insurance CompanyDistrict Court, W.D. Pennsylvania · 1973
- Commercial Electrical Supply Co. v. Missouri Commission Co.Missouri Court of Appeals · 1912
- Link v. HathwayMissouri Court of Appeals · 1910
- Vertrees v. Tennessee Auto CorporationCourt of Appeals of Tennessee · 1927