Haymaker & Crookshanks v. Adams & Son
Missouri Court of Appeals
Appeal from the. Linn Circuit Court.—Hon. W. W. Ruoker, Judge. (1) The court admitted incompetent and irrelevant evidence on behalf of plaintiffs. Belch v. Railroad, 18 Mo. App. 85; White v. Stoner, 18 Mo. App. 548; Kennedy v. Holladay, 25 Mo. App. 514; Williams v. Dent, 30 Mo. App. 667. (2) The first instruction of plaintiffs is erroneous because it does not give the-items of the damages, and leaves the measure of damages to the jury. Shenuit v. Brueggestradt, 8 Mo.
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Appeal from the. Linn Circuit Court.—Hon. W. W. Ruoker, Judge. (1) The court admitted incompetent and irrelevant evidence on behalf of plaintiffs. Belch v. Railroad, 18 Mo. App. 85; White v. Stoner, 18 Mo. App. 548; Kennedy v. Holladay, 25 Mo. App. 514; Williams v. Dent, 30 Mo. App. 667. (2) The first instruction of plaintiffs is erroneous because it does not give the-items of the damages, and leaves the measure of damages to the jury. Shenuit v. Brueggestradt, 8 Mo. App. 47; JMJatnet v. Gregg Bros., 19 Mo. App.'112; Williams v. Dent, 30 Mo. App. 667; Wilburn v. Railroad, 36-Mo. App. 216;…
1Opinion of the CourtEllison, J.
—The action'is for damages said to have arisen out of the following contract:
££Articles of Agreement: Between E. M. Hay-maker & Crookshanks, and Adams . & Son, both of Browning, Missouri, Linn county, as follows: The parties of the first part have this day bought of the aforesaid second party (Adams & Son) their stock of groceries and queensware now on hand, together with fixtures, such as follows: Show cases, tea canisters, spice canisters, one pair counter scales, candy jars, syrup gates, lamps, stove, tobacco knife, and all other fixtures as they can use to an advantage. The goods are to…
2Cases cited7 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Kennedy v. HolladayMissouri Court of Appeals · 1887
- Eyerman v. SheehanSupreme Court of Missouri · 1873
- White v. StonerMissouri Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Longan v. WeltmerSupreme Court of Missouri · 1904
- Wheeler v. BowlesSupreme Court of Missouri · 1901
- Hays v. HoganMissouri Court of Appeals · 1914
- Standley v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Third National Bank v. Yorkshire InsuranceMissouri Court of Appeals · 1924
12 more not listed; retrieve them via the Exa API.