Cummiskey v. Williams
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard .Barclay, Judge. Instruction number four, given by the court, is inconsistent -with itself. If the contract was for the sale of wheat, as mentioned in the first part of the instruction, it could not he illegal, as stated in the last part of the same. Nor is it the province of the jury to say a contract is illegal. Plaintiff’s instruction on this point was the correct one .and ought to have been given.
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Appeal from the St. Louis Circuit Court, Shepard .Barclay, Judge. Instruction number four, given by the court, is inconsistent -with itself. If the contract was for the sale of wheat, as mentioned in the first part of the instruction, it could not he illegal, as stated in the last part of the same. Nor is it the province of the jury to say a contract is illegal. Plaintiff’s instruction on this point was the correct one .and ought to have been given. The State v. Owens, 79 Mo. 619-630; Rothchild v. InsuranceCo., 62 Mo. 357; St. Louis Type Foundry v. Union Printing Co., 3 Mo. App. 142. The law…
1Opinion of the CourtLewis, P. J.
The first count in the petition charges that the plaintiffs, doing business as partners, on January 27, 1882, at the special instance and request of the defendant, bought for him 10,000 bushels of wheat, to be delivered in March following, at the price of $14,493.75, and that on February 10, they sold the same for the defendant at a loss of $1,468.75, of which the defendant has paid them $1,427.25. That the balance of said loss, with the plaintiff’s commissions of twenty-five dollars, amounting in all to $66.50, remains unpaid, for which they ask judgment. The second count sets up a like…
2Cases cited1 opinion
- Williams v. TiedemannMissouri Court of Appeals · 1878
3Cited by11 opinions
- St. Louis Agricultural & Mechanical Ass'n v. DelanoSupreme Court of Missouri · 1891
- Guinotte v. RidgeMissouri Court of Appeals · 1891
- State v. SherwoodSupreme Court of Vermont · 1896
- Claflin v. SommersMissouri Court of Appeals · 1890
- St. Louis Agricultural & Mechanical Ass'n v. DelanoMissouri Court of Appeals · 1889
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