Woods v. Thompson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Andrew F. Evans, Judge. (1) Tbe instruction given by the court at the instance of the plaintiff was a peremptory declaration that as a matter of law the judgment should be for the plaintiff. It was in the nature of a demurrer to the defendant’s evidence in defense, and was not a finding upon the facts. Butler Co. v. Bank, 143 Mo. 13; Davis v. Croyden, 60 Mo.
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Appeal from Jackson Circuit Court. — Eon. Andrew F. Evans, Judge. (1) Tbe instruction given by the court at the instance of the plaintiff was a peremptory declaration that as a matter of law the judgment should be for the plaintiff. It was in the nature of a demurrer to the defendant’s evidence in defense, and was not a finding upon the facts. Butler Co. v. Bank, 143 Mo. 13; Davis v. Croyden, 60 Mo. App. 441. (2) In giving this declaration of law the court either withdrew from his consideration the weight of defendant’s evidence regarding the quality of the brooms, in which event it committed…
1Opinion of the CourtBroaddus, P. J.
The plaintiff was a broom manufacturer at Blue Springs, Missouri, and defendant was a broom manufacturer at Kansas City. On and prior to the 7th day of April, 1903, the plaintiff had on hand 226 dozen brooms and some broom com that he desired to sell; a few days prior to said date he requested one, D. L. Cobb, to sell the same for him, and the said Cobb saw defendant at his place of business in reference to the matter and the latter soon thereafter went to Blue Springs and inspected the brooms but did not buy at that time. He was at the latter place only a short time and as the brooms were…
2Cases cited1 opinion
- Enterprise Soap Works v. SayersMissouri Court of Appeals · 1893
3Cited by9 opinions
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- O. C. Barber Mining & Fertilizing Co. v. Brown Hoisting Machinery Co.Court of Appeals for the Sixth Circuit · 1919
- Saunders v. CowlSupreme Court of Minnesota · 1938
- Schwartz v. GrossOhio Court of Appeals · 1952
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