Logan v. Enterprise Investment & Improvement Co.
Missouri Court of Appeals
Appeal from, the Bates Circuit Court. — Hon. James N. Lay, Judge. (1) The evidence of the proposed settlement and compromise should not have been admitted. Smith v. Shell, 82 Mo. 215. (2) By the refusal to give appellant’s second instruction “the precise and especial ground of defense (of tender and acceptance) was withdrawn from the jury, thrown into the back-ground and apparently neglected altogether.”
Read the full summary
Appeal from, the Bates Circuit Court. — Hon. James N. Lay, Judge. (1) The evidence of the proposed settlement and compromise should not have been admitted. Smith v. Shell, 82 Mo. 215. (2) By the refusal to give appellant’s second instruction “the precise and especial ground of defense (of tender and acceptance) was withdrawn from the jury, thrown into the back-ground and apparently neglected altogether.” Sawyer v. Railroad, 87 Mo. 240. (3) Undue prominence was given to one issue, the terms of the contract, by the instructions given. Manson r>. Bolts, 80 Mo. 658; Raysdon v. Trurnbo, 52 Mo. 35;…
1Opinion of the CourtSmith, P. J.
This was an action on an account for lumber sold and delivered. The answer in effect admitted the sale and delivery of the lumber but alleged that it was sold and delivered to defendant to be used in the construction of sidewalks in the town of Richards, of which defendant was the founder and promoter, and that it was to be paid for out of the proceeds of the sale of lots to be made by defendant; that through no fault of the defendant it had been unable to sell any of the town lots and it was, therefore, not liable for the lumber; that defendant finding itself unable to sell the lots tendered…
2Cases cited7 opinions
- Peck v. ChouteauSupreme Court of Missouri · 1886
- State v. GriffinSupreme Court of Missouri · 1889
- Allen v. MansfieldSupreme Court of Missouri · 1884
- Griffith v. HanksSupreme Court of Missouri · 1886
- Demetz v. BentonMissouri Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.