Stringer v. Geiser Manufacturing Co.
Missouri Court of Appeals
Appeal from Dent County Circuit Court.—Hon. L. B Woodside, Judge. (1) The fact that defendant who was entitled to judgment on the pleadings, failed to move for judgment before verdict did not affect its right. Agricultural Works v. Creighton, 21 Ore. 495', 28' Pac. 775; Scheible v. Hart, 12 S. W. 628; Shirts v. Irons, 28 Ind. 458; Norton v. Norton, 25 S. W. 750; Martindale v. Price, 14 Ind. 115; Gordon v. Roberts, 58 Mo.
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Appeal from Dent County Circuit Court.—Hon. L. B Woodside, Judge. (1) The fact that defendant who was entitled to judgment on the pleadings, failed to move for judgment before verdict did not affect its right. Agricultural Works v. Creighton, 21 Ore. 495', 28' Pac. 775; Scheible v. Hart, 12 S. W. 628; Shirts v. Irons, 28 Ind. 458; Norton v. Norton, 25 S. W. 750; Martindale v. Price, 14 Ind. 115; Gordon v. Roberts, 58 Mo. App. 440. (2) A contract cannot be varied in its terms by a comtemporaneous parol agreement or understanding with such written contract. 1 Greenleaf on Evidence (16 Ed.),…
1Opinion of the CourtSturgis, J.
The plaintiff sued defendant for twenty-five hundred dollars and recovered judgment *237for fifteen hundred dollars for an alleged conversion by defendant of a steam traction engine, a threshing separator, a sawmill, saw, belts, etc., the property of plaintiff. The answer of defendant while denying that the taking by it of such property amounted to a conversion admits that it took the property from plaintiff and sold it to other parties and justifies its action in so doing by alleging that it held a valid deed of trust (generally referred to as a mortgage), with power of sale on such property,…
Also in this document: Dissent.
2Cases cited28 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
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3Cited by4 opinions
- Hardin v. RayMissouri Court of Appeals · 1966
- Supreme Lodge Knights of Pythias v. DalzellMissouri Court of Appeals · 1920
- General Accident & Life Insurance v. Owen Building Co.Missouri Court of Appeals · 1917
- Stringer v. Geiser Manufacturing Co.Missouri Court of Appeals · 1915