Clark v. Midland Blast-Furnace Co.
Missouri Court of Appeals
Appeal from the Dent County Circuit Court, C. C. Bland, Judge. To justify an instruction of non-suit it is not sufficient that the evidence is weak; there must be no evdence. Routsong v. Railroad, 45 Mo. 236. If there is-any evidence it must go to the jury, however slight, and. whether direct or inferential.
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Appeal from the Dent County Circuit Court, C. C. Bland, Judge. To justify an instruction of non-suit it is not sufficient that the evidence is weak; there must be no evdence. Routsong v. Railroad, 45 Mo. 236. If there is-any evidence it must go to the jury, however slight, and. whether direct or inferential. Emerson v. Sturgeon, 18 Mo. 170; Woods v. Insurance Co., 50 Mo. 112. The payment by the defendant is a condition precedent to the exercise of his right to determine the lease. Nichols v. Larkin, 79 Mo. 264, ‘ and authorities cited; Tayl. Land. & Ten. (7 Ed.) 237, sect. 276, and…
1Opinion of the CourtThompson, J.
This action is brought to enforce the terms of the following agreement, so far as to recover the amount of royalty agreed to be paid thereunder for the first year during which the agreement was in force:
“This contract made and entered into, * * * Witnesseth, That for and in consideration of the sum of one dollar to the said parties of the first part, duly paid, the receipt whereof is hereby acknowledged, they, the said parties of the first part, hereby lease, convey, and transfer unto the said party of the second part, for a term of five years from, this date, the following real estate,…
2Cited by3 opinions
- Coal Creek, etc., Co. v. Tennessee Coal, etc., Co.Tennessee Supreme Court · 1901
- Beatie v. Rocky Branch Coal Co.Missouri Court of Appeals · 1894
- Lennox v. Vandalia Coal Co.Missouri Court of Appeals · 1896