Alderman v. Cox
Supreme Court of Missouri
Error to Nodaway Circuit Court. — Hon. H. S. Kelley, • Judge. The petition alleged the sale of a threshing machine to two persons, jointly, and their joint undertaking to pay for the same, and asked judgment against one of them personally, and also against him as the administrator of the other party. His answer was a general denial. There was evidence that the machine was to be paid for in notes.
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Error to Nodaway Circuit Court. — Hon. H. S. Kelley, • Judge. The petition alleged the sale of a threshing machine to two persons, jointly, and their joint undertaking to pay for the same, and asked judgment against one of them personally, and also against him as the administrator of the other party. His answer was a general denial. There was evidence that the machine was to be paid for in notes. The court instructed the jury that, if they found for the plaintiff, they should assess his damages at what would have been the value of the notes at the time of trial, had they been executed and…
1Opinion of the CourtSherwood, C. J.
The defendant has no ground of complaint because the jury found a verdict for plaintiff for “ just one-half of the amount” the latter claimed was due him, notwithstanding the evidence as to the amount due him was uncontradicted. The defendant cannot be said to have been injured because compelled by the verdict to pay a less sum than he contracted to pay. Were the plaintiff complaining, a different question would be presented, one not necessary to be now considered. The result is, we affirm the judgment.
All concur.
2Cited by12 opinions
- Gaty v. SackMissouri Court of Appeals · 1885
- Chinn v. DavisMissouri Court of Appeals · 1886
- Weisels-Gerhardt Real Estate Co. v. Pemberton Investment Co.Missouri Court of Appeals · 1910
- Witty v. SalingMissouri Court of Appeals · 1913
- Blair-Parke Coal & Coke Co. v. Fiedler-Davis Fuel Co.West Virginia Supreme Court · 1925
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