Hopper v. Vance
Missouri Court of Appeals
Appeal from Saline Circuit Court, Hon. John P„ Strother, Judge. Statement of case by the court. This action arose in a justice’s court. The statement contained two counts.
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Appeal from Saline Circuit Court, Hon. John P„ Strother, Judge. Statement of case by the court. This action arose in a justice’s court. The statement contained two counts. The first alleged, in substance, that on the-day of--1883, the plaintiff was the owner of a certain fence; that the plaintiff sold said fence to the defendant, the defendant agreeing to pay him therefor, the value to be fixed by one Orr; that said Orr fixed the value’at seventy-five dollars;: that defendant accepted said fence, but has failed and refused to pay for the same. The second count alleges a simple sale of the…
1Opinion of the CourtPhilips, P. J.
It is unfortunate for the plaintiff., in so unimportant a controversy, that he should have-invited the trial court to commit the blunder of giving this declaration of law, as he had proof sufficient to-have warranted the jury in finding a verdict for him without invoking a false principle of law. This instruction in plain terms told the jury that if defendant knew, at the time of his purchase of the land, that the fence-belonged to plaintiff, then the mere fact that defendant afterwards conveyed the land by deed, without any reservation as to the fence, entitled the plaintiff to a verdict. In…
2Cases cited1 opinion
- Walsh v. SichlerMissouri Court of Appeals · 1886
3Cited by1 opinion
- Leeser v. BoekhoffMissouri Court of Appeals · 1888