Adkinson v. McKay
Missouri Court of Appeals
Appeal from Pemiscot County Circuit Court. — Now. Frank Kelly, Judge. (1) The court erred in the admissibility of evidence. Witness must state facts and not opinions and conclusions; and questions calling for opinions and conclusions are not permissible. Sparr v. We'.lmann, 11 Mo. 230; Masterson v. Transit Co., 204 Mo. 507; Weatherall v. Patterson, 31 Mo. 458; Marshall v. Taylor, 168 Mo.
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Appeal from Pemiscot County Circuit Court. — Now. Frank Kelly, Judge. (1) The court erred in the admissibility of evidence. Witness must state facts and not opinions and conclusions; and questions calling for opinions and conclusions are not permissible. Sparr v. We'.lmann, 11 Mo. 230; Masterson v. Transit Co., 204 Mo. 507; Weatherall v. Patterson, 31 Mo. 458; Marshall v. Taylor, 168 Mo. App. 247; Eskine v. Loewenstein, 82 Mo. 307-308. (2) In a breach of warranty suit the burden is upon the plaintiff not only to show that there has been a breach of the warranty (which is admitted in this…
1Opinion of the CourtSturgis, J.
— On March 17, 1909, the defendant and one Jones were the owners of a tract of land in New Madrid county, Missouri, and on that date conveyed same to the plaintiffs by warranty deed for the recited consideration of $5600. This land and an adjoining tract were then encumbered by a deed of trust dated June 27,1904, executed by former owners of both tracts to secure a note for $3849.37, at six per cent interest, given for the purchase price in favor of the Himmelberger-Harrison Lumber Company. The deed of defendant and Jones to plaintiffs, in addition to the usual covenants of warranty, contains…
2Cases cited6 opinions
- Ferguson & Wheeler v. DaltonSupreme Court of Missouri · 1900
- Griffith v. CreightonMissouri Court of Appeals · 1895
- Carder v. PrimmMissouri Court of Appeals · 1891
- State ex rel. Piles v. RichardsonMissouri Court of Appeals · 1888
- Diel v. StegnerMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Reighley v. Estate of FabriciusMissouri Court of Appeals · 1960
- Nibler v. ColtraneSupreme Court of Missouri · 1955
- Nibler v. ColtraneSupreme Court of Missouri · 1955