Merritt v. Given
Supreme Court of Missouri
Appeal from St. Louis Common Pleas Cou/rt. The fourth instruction given for the plaintiffs was as follows: “ The fact that plaintiffs gave instructions to defendants to sell the flour after it had been sold, not knowing it had been sold, will not justify a previous sale made without instructions, and contrary to plaintiffs’ orders, nor constitute any defence against such previous sale made contrary to plaintiffs’ orders.”
1Opinion of the CourtBates, Judge
The judgment in this case is reversed because the fourth instruction given for the plaintiffs assumed the existence of facts which were the very matters in dispute proper for the consideration of the jury.
Reversed and remanded.
Judges Bay and Dryden concur.
2Cited by4 opinions
- Siegrist v. ArnotMissouri Court of Appeals · 1881
- Wilkerson v. ThompsonSupreme Court of Missouri · 1884
- Dulaney v. St. Louis Sugar Refining Co.Missouri Court of Appeals · 1890
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887