Buschmann v. Bray
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. The court erred in instructing the jury what to find the facts to be. Hanlon v. O’Keeffe, 38 Mo. App. 273. Instructions given not supported by the evidence are erroneous, and where the suit is based on a contract with evidence only supporting a contract, it is error to instruct the jury to find for the reasonable value of the material and labor. Gessley v. Mo. Pac. B’y, 26 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. The court erred in instructing the jury what to find the facts to be. Hanlon v. O’Keeffe, 38 Mo. App. 273. Instructions given not supported by the evidence are erroneous, and where the suit is based on a contract with evidence only supporting a contract, it is error to instruct the jury to find for the reasonable value of the material and labor. Gessley v. Mo. Pac. B’y, 26 Mo. App. 156; McMurrey v. Martin, Id. 437, 442; Mohney v. Beed, 40 Id. 99; Kyerman v. Mt. Sinai Cemetery Ass’n, 61 Mo. 489; Davis v. Brown, 67 Id.…
1Opinion of the CourtBiggs, J.
This action, which was commenced before a justice of the peace, is to recover for work done and materials furnished in the construction of granitoid sidewalks and terrace steps. The account filed before the justice is as follows:
“J. T?. Bray, to Western Granitoid Co., Dr.
(S. H. Busehman and F. B. Carroll, doing business as above, etc.)
To granitoid work on residence property on Cates avenue between Hamilton and Goodfellow:
Outside walks, 50x6 at 17j^e..................................$ 52.50
Driveway, 6x8 at2e..........................•................96
Terrace steps, 30 ft. at…
2Cases cited6 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Lemon v. LloydMissouri Court of Appeals · 1891
- Boyle v. ClarkMissouri Court of Appeals · 1895
- Linnenkohl v. WinkelmeyerMissouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Swift v. JohnsonMissouri Court of Appeals · 1913
- Herrick v. ManessMissouri Court of Appeals · 1910
- Walker v. GuthrieMissouri Court of Appeals · 1903
- Cornett v. WoolridgeMissouri Court of Appeals · 1911
- Sayers v. CravenMissouri Court of Appeals · 1904