Campbell v. Tinker
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Matt. G. Reynolds, Judge. When a case is tried by tbe court sitting as a jury, declarations of law serve to advise the appellate court of the view of the law which the trial court took and of the theory on which the case was tried. Matson v. Frazer, 48 Mo. App. 310; Pottery Co. y. Folockemer 131 Mo. App. 105. Instructions and declarations of law must be based on tbe issues made by tbe pleadings.
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Appeal from St. Louis City Circuit Court. — Eon. Matt. G. Reynolds, Judge. When a case is tried by tbe court sitting as a jury, declarations of law serve to advise the appellate court of the view of the law which the trial court took and of the theory on which the case was tried. Matson v. Frazer, 48 Mo. App. 310; Pottery Co. y. Folockemer 131 Mo. App. 105. Instructions and declarations of law must be based on tbe issues made by tbe pleadings. Issues cannot be tendered by the evidence, nor can they be changed' by instructions or declarations of law. They must abide' the pleadings and may only…
1Opinion of the CourtGoode, J.
(after stating the facts). — The first declaration in the present case merely said if the court found the team first purchased was delivered to defendant for trial, thereafter plaintiffs were notified by him *443it was satisfactory, were paid and gave defendant a bill of sale, or a warranty, plaintiffs were entitled to recover. That declaration was sound, for certainly if the horses were accepted and paid for by defendant as satisfactory, he had exercised his option to keep or return them, and thereafter he could have no redress except for fraud, or on a warranty, if one was given. Execution of a…
2Cases cited4 opinions
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Plummer v. City of MilanMissouri Court of Appeals · 1899
- Sowden v. KesslerMissouri Court of Appeals · 1898
- Jacob Strauss Saddlery Co. v. Kingman & Co.Missouri Court of Appeals · 1890