Anderson v. Frank
Missouri Court of Appeals
Appeal from the Si. Louis City Circuit Court. — Hon. r Daniel D. Fisher, Judge. (1) The trial court erred in giving the fourth instruction given on its own motion. The third paragraph of that instruction improperly submitted to the jury, as a question of fact, whether there was a market for wool at Latham, Kansas, when the question was not raised by the pleadings.
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Appeal from the Si. Louis City Circuit Court. — Hon. r Daniel D. Fisher, Judge. (1) The trial court erred in giving the fourth instruction given on its own motion. The third paragraph of that instruction improperly submitted to the jury, as a question of fact, whether there was a market for wool at Latham, Kansas, when the question was not raised by the pleadings. It also improperly submitted to the jury, whether there was such a market at St. Louis, Missouri, and whether the St. Louis market was the most convenient and available market for plaintiff for the sale of his wool. It improperly…
1Opinion of the Court
, Biggs, J.
— The plaintiff is the owner of a sheep ranch in the state of Kansas. The defendants do business in the city of St. Louis under the name of Prank & Hellendall, and are engaged in the wool business. On the twentieth day of May, 1890, the parties entered into the following contract:
“Latham, Kansas, May 20, 1890.
“Bought to-day, the twentieth of May, 1890, from Gr. W. Anderson, his clip of wool of about four thousand fleeces, at eighteen (18) cents per pound. Wool to be delivered whenever done sheafing at Latham, Kansas (station). Have given on above-named clip the amount of three…
2Cases cited5 opinions
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Van Horn v. RuckerSupreme Court of Missouri · 1863
- Ingram v. MatthienSupreme Court of Missouri · 1833
3Cited by14 opinions
- Crown Vinegar & Spice Co. v. WehrsMissouri Court of Appeals · 1894
- Ozark Lumber Co. v. Chicago Lumber Co.Missouri Court of Appeals · 1892
- Crawford v. DahlenbergMissouri Court of Appeals · 1926
- J. E. Stewart Produce Co. v. Gamble Robinson Commission Co.Missouri Court of Appeals · 1915
- Leeper v. SchroederColorado Court of Appeals · 1913
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