Vanstone v. Hopkins
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. The defendant’s demurrer to the evidence should have been sustained; there was no proof of any sort offered at the trial, nor did the evidence tend to show that the defendant ever refused to deliver the wheat contracted for at Mt. Leonard in a reasonable time after the contract was entered into; this was a material point, and there was a total failure of proof on that point.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. The defendant’s demurrer to the evidence should have been sustained; there was no proof of any sort offered at the trial, nor did the evidence tend to show that the defendant ever refused to deliver the wheat contracted for at Mt. Leonard in a reasonable time after the contract was entered into; this was a material point, and there was a total failure of proof on that point. Groll v. Toiver, 85 Mo. 249; Smith v. Shell, 82 Mo. 215.; 1 G-reenleaf on Evidence [Redfield Ed.] secs. 66, 67. The demurrer to the evidence should have…
1Opinion of the CourtSmith, P. J.
The plaintiff sued defendant to recover damages for failing to deliver two thousand bushels of wheat to plaintiff under a verbal agreement. The plaintiff had judgment, and the defendant has appealed. The principal error of which defendant complains is in respect to the action of the trial court in instructing the jury that if they believed from the evidence that about the first day of August, 1891, defendant entered into an agreement with the plaintiff by the terms of which agreement defendant sold to plaintiff one thousand bushels of wheat at seventy-four cents per bushel to be delivered on…
2Cases cited7 opinions
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Johnson v. AllenSupreme Court of Alabama · 1884
- Koeltz v. BleckmanSupreme Court of Missouri · 1870
- Northrup v. CookSupreme Court of Missouri · 1866
- White v. SalisburySupreme Court of Missouri · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pratt Grain Co. v. SchreiberMissouri Court of Appeals · 1923
- National Warehouse & Storage Co. v. ToomeyMissouri Court of Appeals · 1910
- Bush v. FisherMissouri Court of Appeals · 1900
- Darr & Spencer v. Kansas City Hay Co.Nebraska Supreme Court · 1909
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1909