Dinuba Farmers' Union Packing Co. v. J. M. Anderson Grocer Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Cave, Judge. (1) ^The petition states a. good cause of action and the evidence tends to establish all the allegations, of the petition. In passing upon a motion for a non-suit, the plaintiff’s evidence must be taken as true.. Not only must the plaintiff’s evidence be so taken, but; in addition thereto, he is entitled to every reasonable; inference in his favor that can be drawn from the facts proved.
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Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Cave, Judge. (1) ^The petition states a. good cause of action and the evidence tends to establish all the allegations, of the petition. In passing upon a motion for a non-suit, the plaintiff’s evidence must be taken as true.. Not only must the plaintiff’s evidence be so taken, but; in addition thereto, he is entitled to every reasonable; inference in his favor that can be drawn from the facts proved. The court is not at liberty in such case to raise any countervailing inferences to defeat-the action. Holloway v. Kansas City, 184 Mo.…
1Opinion of the CourtNortoni, J.
This is a suit by the vendor for damages accrued on account of a breach of contract of sale. At the conclusion of the evidence the court directed a verdict for defendant, and plaintiff thereupon suffered an involuntary nonsuit. It filed a motion in due time to set the nonsuit aside, but this the court overruled, and, on exception duly saved, the appeal is prosecuted here by plaintiff.
Plaintiff is a corporation organized and existing under the laws of the State of Califorma and engaged *242in tlie business of drying and selling frnits. Tooker O’Brien & Company is plaintiff’s selling agent in San…
2Cases cited5 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Butler v. ThomsonSupreme Court of the United States · 1876
- International Text-Book Co. v. GillespieSupreme Court of Missouri · 1910
- Greeley-Burnham Grocer Co. v. CapenMissouri Court of Appeals · 1886
- Newberry v. . WallNew York Court of Appeals · 1881
3Cited by17 opinions
- Superior Concrete Accessories, Inc. v. KemperSupreme Court of Missouri · 1955
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- Vess Beverages, Inc. v. The Paddington Corp. And Morgan Furze, Ltd.Court of Appeals for the Eighth Circuit · 1989
- Wright v. Seattle Grocery Co.Washington Supreme Court · 1919
- Vess Beverages, Inc. v. The Paddington Corporation, Morgan Furze, Ltd.Court of Appeals for the Eighth Circuit · 1991
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