Legal Opinion

Dinuba Farmers' Union Packing Co. v. J. M. Anderson Grocer Co.

Missouri Court of Appeals

Decided February 8, 1916PublishedCited by 17 opinions

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

  1. Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
  2. Butler v. ThomsonSupreme Court of the United States · 1876
  3. International Text-Book Co. v. GillespieSupreme Court of Missouri · 1910
  4. Greeley-Burnham Grocer Co. v. CapenMissouri Court of Appeals · 1886
  5. Newberry v. . WallNew York Court of Appeals · 1881

3Cited by17 opinions

  1. Superior Concrete Accessories, Inc. v. KemperSupreme Court of Missouri · 1955
  2. Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
  3. Vess Beverages, Inc. v. The Paddington Corp. And Morgan Furze, Ltd.Court of Appeals for the Eighth Circuit · 1989
  4. Wright v. Seattle Grocery Co.Washington Supreme Court · 1919
  5. Vess Beverages, Inc. v. The Paddington Corporation, Morgan Furze, Ltd.Court of Appeals for the Eighth Circuit · 1991

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