Alvin Fruit & Truck Ass'n v. Hartman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Robt. M. Foster, Judge. (1) Instructiou number 1 for plaintiff purports to cover the entire case and directs a verdict for plaintiff on the statement of facts therein, if found to be true. Such an instruction must cover the case as made by the pleadings and evidence, and must not ignore the defenses, as done in said instruction number 1. Hoffman v. Parry, 23 Mo. App. 20; Flynn v. Union Bridge Co., 42 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Robt. M. Foster, Judge. (1) Instructiou number 1 for plaintiff purports to cover the entire case and directs a verdict for plaintiff on the statement of facts therein, if found to be true. Such an instruction must cover the case as made by the pleadings and evidence, and must not ignore the defenses, as done in said instruction number 1. Hoffman v. Parry, 23 Mo. App. 20; Flynn v. Union Bridge Co., 42 Mo. App. 529; Stokes v. Distillery Co., 64 Mo. App. 420; Stewart v. Emerson, 70 Mo. App. 482; State v. Davies et al., 80 Mo. App. 239; Boothe v.…
1Opinion of the CourtGoode, J.
(after stating the facts). — 1. We find nothing in the record to show the berries were sold without fixing the price or at a reasonable price. The testimony for the parties disagreed at this point only in respect of what the price was, plaintiff’s witness saying it was $2.50 a crate and defendant’s that it was $2.75. Hence there was no cause for requiring the jury to find the price for which they were sold was reasonable. This error was introduced by plaintiff’s request, but we call attention to it because the judgment must be reversed on other grounds and probably there will be a retrial.
2.…
2Cases cited8 opinions
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- Graff v. FosterSupreme Court of Missouri · 1878
- Peers v. Davis' AdministratorsSupreme Court of Missouri · 1859
- International Pavement Co. v. Smith, Beggs & Ranken Machine Co.Missouri Court of Appeals · 1885
- J. E. Hayner & Co. v. ChurchillMissouri Court of Appeals · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- The Belt Seed Co. v. Mitchelhill Seed Co.Missouri Court of Appeals · 1941
- Hunt v. SandersSupreme Court of Missouri · 1926
- Perry v. VanmatreMissouri Court of Appeals · 1913
- Little v. WidenerMissouri Court of Appeals · 1930
3 more not listed; retrieve them via the Exa API.