Knost v. Van Hoose
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two . — Hon. David E. Blair, Judge. (1) The court erred in refusing the testimony of Mr. Milton shown on pages 196 and 197 of the record to the effect that the mill as he found it when called in by Yan Hoos© bad not been completed in good and workmanlike manner and that the work on said mill had not been done in a good and workmanlike manner and that the mill as he found it would not clean ore. 3 Wigmore on Evidence, see.…
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Appeal from Jasper County Circuit Court, Division No. Two . — Hon. David E. Blair, Judge. (1) The court erred in refusing the testimony of Mr. Milton shown on pages 196 and 197 of the record to the effect that the mill as he found it when called in by Yan Hoos© bad not been completed in good and workmanlike manner and that the work on said mill had not been done in a good and workmanlike manner and that the mill as he found it would not clean ore. 3 Wigmore on Evidence, see. 1923; Ferguson v. Hub-bell, 97 N. Y. 513; Taylor v. Monroe, 43 Conn. 44; Skinner v. Kerwin Glass Co., 103 Mo. App. 650;…
1Opinion of the CourtFabeington, J.
This is an action to recover the balance of the contract price for removing and rebuilding a concentrating lead and zinc mill.
In the early part of 1912, defendants, Van Hoose and others, held a mining lease on what is known as the “Aylor land” in Jasper county. In order to mine it properly, it was necessary to erect a mill, and they purchased what was known as the Wolf’s Heart mill located at another place in the county, and on April 22, 1912, entered into a written contract with plaintiff Knost to tear it down, move it, and rebuild it on the leasehold. The written contract provided that…
Also in this document: Concurrence.
2Cases cited10 opinions
- Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Dammann v. City of St. LouisSupreme Court of Missouri · 1899
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Witty v. SalingMissouri Court of Appeals · 1913
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3Cited by1 opinion
- Cross v. RobinsonMissouri Court of Appeals · 1955