Johnston v. Star Bucket Pump Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) Even if defendant’s counterclaim be disregarded entirely, it was gross error to give plaintiff a judgment when, witb all liabilities paid, be bad in bis pocket more than be would bave made bad be completed tbe contract. Drainage Dist. v. Surety Co., 252 Mo. 565; Moore v. Gauss & Sons Mfg. Co., 113 Mo. 98; Harrison v. Franklin, 126 Mo. App. 366; Mitchell PI. M. Co. y.
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) Even if defendant’s counterclaim be disregarded entirely, it was gross error to give plaintiff a judgment when, witb all liabilities paid, be bad in bis pocket more than be would bave made bad be completed tbe contract. Drainage Dist. v. Surety Co., 252 Mo. 565; Moore v. Gauss & Sons Mfg. Co., 113 Mo. 98; Harrison v. Franklin, 126 Mo. App. 366; Mitchell PI. M. Co. y. Allison, 138 Mo. 50; Bean v. Miller, 69 Mo. 384; Berthold v. Elect. Con. Co., 165 Mo. 280; Lazar Mfg. Co. v. Pelligreen C. & I. Co., 179 Mo. App. 447;…
1ConcurrenceBlair, J.
Referenced
(concurring). — I. The majority opinion quotes all of Section 35, Eevised Statutes 1825, vol. 2, p. 630, pertinent to the question under discussion. It goes no further than to say that in case parties entitled to a jury waived it, the case, was then triable by the court or a referee, at the court’s option; not at the option of the parties. The majority opinion holds that to this extent, and only to this extent, a reference, in such circumstances, is compulsory. Such reference was as much compulsory, if ordered, as when ordered in a case involving a long account. In the one instance…
2Cases cited12 opinions
- State ex rel. Kimbrell v. People's Ice, Storage & Fuel Co.Supreme Court of Missouri · 1912
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
- Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
- Borst v. . SpelmanNew York Court of Appeals · 1850
- Smith v. BaerSupreme Court of Missouri · 1902
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