Greenwood v. Burns
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The court erred in giving said instruction; first, for the reason that there was no evidence to "base it upon or to sustain it.
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Appeal from St. Louis Circuit Court. The court erred in giving said instruction; first, for the reason that there was no evidence to "base it upon or to sustain it. The first part of the instruction'reads : “ If the plaintiffs authorized Mr. Oldham, the principal contractor, etc., to include the graining and gold numbering sued for in his account for extra-work against defendant, and to settle for the same with defendant through the St. Louis Mutual House Building Company.” * . * * There was no evidence tending to prove that plaintiffs ever authorized Mr. Oldham to include the work, or any…
1Opinion of the CourtWagner, Judge
This cause was originally brought before a justice of the peace, and on appeal to the Circuit Court it was tried without the intervention of a jury. The only question is whether the evidence justified the declaration of law given by the court of its own motion.
The case shows that the St. Louis Building Company was constructing a house for the defendant, and that one Oldham was the contractor under the company to erect and complete it. Old-ham employed the plaintiffs to do the painting, and the defendant desiring some work to be done on the house additional to that contracted for by the…
2Cited by7 opinions
- Hurley v. WatsonMichigan Supreme Court · 1888
- Gibson v. Texas Prudential InsuranceMissouri Court of Appeals · 1935
- Wheeler & Wilson Manufacturing Co. v. GivanSupreme Court of Missouri · 1877
- Johnson v. Payne & Williams BankMissouri Court of Appeals · 1894
- Davis v. ShaferU.S. Circuit Court for the District of Western Missouri · 1892
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