Black River Lumber Co. v. Warner
Supreme Court of Missouri
Appeal from SI. Louis City Circuit Court. — Hon, Siiepaed Barclay, Judge. (1) [a] As to first count, tlie question of agency or purcliase should have been submitted to the jury. Clarice v. Ilammerle, 27 Mo. 55; Mead v. Brotherton, 30 Mo. 201; Sawyer v. Railroad, 37 Mo. 240; Paine v. Kohl, 14 Neb. 580; Moss v. Green, 41 Mo. 390; Philibert v. Burber, 4 Mo.
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Appeal from SI. Louis City Circuit Court. — Hon, Siiepaed Barclay, Judge. (1) [a] As to first count, tlie question of agency or purcliase should have been submitted to the jury. Clarice v. Ilammerle, 27 Mo. 55; Mead v. Brotherton, 30 Mo. 201; Sawyer v. Railroad, 37 Mo. 240; Paine v. Kohl, 14 Neb. 580; Moss v. Green, 41 Mo. 390; Philibert v. Burber, 4 Mo. App. 470. (5) An instruction which assumes the existence of certain facts, as well as an instruction which assumes the existence of certain evidence to establish a certain fact, when no such evidence was introduced, is erroneous. Ewing v.…
1Opinion of the CourtBlack, J.
This suit is founded upon an alleged contract between the plaintiff, a corporation engaged in manufacturing lumber, and the defendants, Warner and Pearman, whereby it is alleged the plaintiff was to manufacture and- deliver to the defendants between four and five hundred thousand feet of lumber. The suit is in three counts. The first seeks to recover a balance due on lumber delivered; the second declares for the contract price of another portion, which was sawed but not received by the defendants; and the third seeks to recover, by way of damages, the profits which would have accrued to the…
2Cases cited13 opinions
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Waco Tap Railroad v. ShirleyTexas Supreme Court · 1876
- Bunce v. BeckSupreme Court of Missouri · 1869
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- Hale v. TroutCalifornia Supreme Court · 1868
8 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Robinson v. KornsSupreme Court of Missouri · 1913
- Schneider v. Dubinsky Realty Co.Supreme Court of Missouri · 1939
- Chapman v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1898
57 more not listed; retrieve them via the Exa API.