Bruen v. Kansas City Agricultural & Horticultural Fair Ass'n
Missouri Court of Appeals
Appeal from the Jacicson Circuit Court. — Hon. Richard H. Field, Judge. (1) The facts in the case submitted being undisputed and their legal effect only in question, and there being no evidence to weigh, the appellate court may review the decision of the lower court though no declarations of law were given or refused.
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Appeal from the Jacicson Circuit Court. — Hon. Richard H. Field, Judge. (1) The facts in the case submitted being undisputed and their legal effect only in question, and there being no evidence to weigh, the appellate court may review the decision of the lower court though no declarations of law were given or refused. Waddell v. Williams, 50 Mo. 216 ; Henry v. Bell, 75 Mo. 194; Douglass r>. Orr, 58 Mo. 573. (2) The judgment in this case being erroneous, there being no evidence to support it, and the motion for a new trial having called attention to that fact, this court can interfere…
1Opinion of the CourtG-ill, J.
As to the material facts of this controversy there is no conflict, the evidence showing substantially about the following: In the spring of 1887, plaintiff Bruen, a large dealer and owner of stock and speed horses at Burlington, Iowa, engaged one Abbott to take charge of his racers for the season of 1887. Abbott was to travel with the horses, enter and trot them at the various places on the “circuit,” and as compensation for his services was to receive one-half of the net winnings. If there were no winnings then all the expenses were to be borne by Bruen. It was, too, definitely understood…
2Cases cited5 opinions
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Campbell v. DentSupreme Court of Missouri · 1873
- Gill v. FerrisSupreme Court of Missouri · 1884
- Bank of Odessa v. JenningsMissouri Court of Appeals · 1885
- Pitts v. MowerSupreme Judicial Court of Maine · 1841
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