Norton v. Higbee
Missouri Court of Appeals
Appeal from the Clark Circuit Court. — Hon. Ben. E. Turner, Judge. (1) Plaintiff’s instruction number 1 should not have been given, because: First. As to whether or not there was a contract made between plaintiff and defendant, by which defendant agreed to pay plaintiff two -dollars per day for running the engine of a steam •thresher, was a question of fact, to be found by the jury and not by the court. Farley v. Peters, 5 Mo. App. 262; Folson v. Cook, 9 Atl.
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Appeal from the Clark Circuit Court. — Hon. Ben. E. Turner, Judge. (1) Plaintiff’s instruction number 1 should not have been given, because: First. As to whether or not there was a contract made between plaintiff and defendant, by which defendant agreed to pay plaintiff two -dollars per day for running the engine of a steam •thresher, was a question of fact, to be found by the jury and not by the court. Farley v. Peters, 5 Mo. App. 262; Folson v. Cook, 9 Atl. Rep. 93; Bodkin n. McIntyre, 81 Mo. .55; Dennis n. Crooks, 23 Mo. App. 532. The court in this instruction substantially declares to the…
1Opinion of the CourtRome Auer, P. J.
The controversy in this case is touching a balance claimed by the plaintiff on an account for personal services. The plaintiff recovered judgment, both before the justice and in the circuit court, and the defendant, appealing, assigns for error that the circuit court admitted improper evidence, and gave erroneous instructions for the plaintiff.
The plaintiff claims that he worked for the defendant forty days, twenty-nine at an agreed compensation *469of two dollars per day, in running an engine of a steam thresher, the residue at one dollar and fifty cents per day as a hand at the separator, such…
2Cases cited4 opinions
- Forsyth v. DaySupreme Judicial Court of Maine · 1858
- Halbert v. HalbertSupreme Court of Missouri · 1855
- Farley v. PettesMissouri Court of Appeals · 1878
- Bank of Commerce v. BerneroMissouri Court of Appeals · 1885
3Cited by6 opinions
- Young v. RenshawMissouri Court of Appeals · 1903
- Embry v. HargadineMissouri Court of Appeals · 1907
- Davies v. BaldwinMissouri Court of Appeals · 1896
- Willard v. A. Siegel Gas-Fixture Co.Missouri Court of Appeals · 1891
- Estes v. Hamilton-Brown Shoe Co.Missouri Court of Appeals · 1893
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