Gilliam ex rel. A. E. Anderson & Co. v. Globe Tailoring Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Eon. Wm. E. Martin, Judge. (1) The trial court granted a new trial on the ground that error was committed in the giving of instructions on measure of damages. There were only two instructions given both for plaintiff, the defendant offering none. A party, as in case at bar, asking no instruction himself on a given branch of the case is in no condition to complain because the instruction is not as full and complete as it might have been.
Read the full summary
Appeal from Cole Circuit Court. — Eon. Wm. E. Martin, Judge. (1) The trial court granted a new trial on the ground that error was committed in the giving of instructions on measure of damages. There were only two instructions given both for plaintiff, the defendant offering none. A party, as in case at bar, asking no instruction himself on a given branch of the case is in no condition to complain because the instruction is not as full and complete as it might have been. Bank v. Ragsdale, 171 Mo. 168. And even where erroneous instructions are given a new trial should not be granted, where upon…
1Opinion of the CourtBroaddus, P. J.
This is a suit on an indemnifying bond. The case is as follows: Prior to November 9, 1907, one Frank E. Breslin was engaged in the tailoring business in Jefferson City. A. E. Anderson and Company was a wholesale tailoring establishment doing-business in Chicago. They did business in the following manner: They furnished to him different samples of goods suitable for clothing. When a customer came to him for a suit of clothes, such customer would make his selections from the samples on hand. .The sample selected would then be sent to plaintiffs Anderson and Company and the. suit would be made…
2Cases cited2 opinions
- State ex rel. Monks v. BaconMissouri Court of Appeals · 1887
- Schnabel v. ThomasMissouri Court of Appeals · 1903