Legal Opinion

Fulkerson v. Thornton

Supreme Court of Missouri

Decided October 15, 1878PublishedCited by 45 opinions

Appeal from Henry Circuit Court. — Hon. F. P. Wright, Judge.

1Opinion of the CourtSherwood, C. J.

Action for damages for breach of alleged contract for building a church; the plaintiff claiming that the defendants had employed him to build the church, and after its commencement and partial completion, had prevented him from going on with the work. Answer, a special denial; trial, and verdict for plaintiff".

1. witness: death of one of two adverse parties.

I. Objection was made to plaintiff testifying on the ground that as Wm. T. Thornton, Sr., one of the alleged contracting parties," was dead, plaintiff was . x mn ♦ i • an incompetent witness. Inis objection was, we think, properly…

2Cases cited1 opinion

  1. Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876

3Cited by45 opinions

  1. Tietjens v. General Motors CorporationSupreme Court of Missouri · 1967
  2. Palm Beach Estates v. CrokerSupreme Court of Florida · 1932
  3. Lieber v. LieberSupreme Court of Missouri · 1911
  4. Freeman v. BerberichSupreme Court of Missouri · 1933
  5. Wahl v. CunninghamSupreme Court of Missouri · 1928

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