Turner v. Gibbs
Supreme Court of Missouri
Appeal 'from, Buchanan Court of Common Pleas. The damages done to the growing crops by cattle breaking through the fence built by respondent, under the law and facts of this case, are not too remote. They grow out of and are- the immediate result of the negligent manner of building the fence, and the very intent and purpose of the appellant in the building of this fence, as part of the contract, was to protect his crops.
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Appeal 'from, Buchanan Court of Common Pleas. The damages done to the growing crops by cattle breaking through the fence built by respondent, under the law and facts of this case, are not too remote. They grow out of and are- the immediate result of the negligent manner of building the fence, and the very intent and purpose of the appellant in the building of this fence, as part of the contract, was to protect his crops. It is well settled that any damages resulting and growing out of a breach of a contract, although unliquidated, may be recouped in reduction of the plaintiff’s demand; and if…
1Opinion of the CourtAdams, Judge
This suit was founded on an itemized account for work and labor in making a fence, etc., brought before a justice of the peace, where the plaintiff had judgment for $50, from which the defendant appealed to the Common Pleas. The case was by agreement submitted for trial to the court sitting as a jury, and the court found a verdict and gave judgment for plaintiff for $30.
On the trial evidence was given by both parties to sustain the issues made by them'. There were no instructions asked or given, and no question of law raised, except that on the trial the defendant offered to prove that damage…
2Cited by2 opinions
- Schenk v. ForresterMissouri Court of Appeals · 1903
- Hayner v. CrowSupreme Court of Missouri · 1883