Albert v. Seiler
Missouri Court of Appeals
Appeal from the Bollinger Circuit Court, Hon. James D. Fox, Judge. The instructions numbered one to six prayed by plaintiff were' improperly refused. Taken in their entirety, they fairly presented the law of the whole case, were clear and confined to the contract sued on, and were based on the evidence adduced at the trial. Talbot v. Means, 21 Mo. 427; Thomas v. Babb, 45 Mo. 384; McKeon v. Railroad, 43 Mo. 405 ; Glass v. Gelvin, 80 Mo. 297 ; Livingston v. Ins.
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Appeal from the Bollinger Circuit Court, Hon. James D. Fox, Judge. The instructions numbered one to six prayed by plaintiff were' improperly refused. Taken in their entirety, they fairly presented the law of the whole case, were clear and confined to the contract sued on, and were based on the evidence adduced at the trial. Talbot v. Means, 21 Mo. 427; Thomas v. Babb, 45 Mo. 384; McKeon v. Railroad, 43 Mo. 405 ; Glass v. Gelvin, 80 Mo. 297 ; Livingston v. Ins. Co., 7 Cranch, 506. 544'; larret v. Morton,, 44 Mo. 275; Mellon v. Smith, 65 Mo. 315 ; Story on Contracts [3 Ed.] sec. 844a/ 2 Parsons…
1Opinion of the CourtPeers, J.
This action was commenced in the Cape Girardeau court of common pleas in September, 1884, upon the following written instrument:
“Cape Girardeau, Mo., July 16, Í884. We have this day bought of S. Albert, Cape Girardeau, Missouri, one second-hand Garr, Scott & Company separator, which Mr. S. Albert agrees to put in good running order and furnishes whatever is necessary to do the necessary work, warranting the same. We agree to pay him for said engine and separator the sum of seven hundred dollars as follows: Our notes payable October 1, ’84, and October, ’85, for three hundred and fifty dollars…
2Cases cited6 opinions
- Schellhous v. BallCalifornia Supreme Court · 1866
- Delmas v. MartinCalifornia Supreme Court · 1870
- Coudy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1884
- Bollinger v. CarrierSupreme Court of Missouri · 1883
- Bragg v. City of MoberlyMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- F. O. Sawyer Paper Co. v. ManganMissouri Court of Appeals · 1896
- Dalton v. ShaffnerMissouri Court of Appeals · 1889