Friestatt Milling Co. v. Boggess
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. There was but one issue before the jury. - Under the • stipulation, plaintiff’s claim was admitted, and plaintiff was to have a verdict for the amount of its claim, $44, unless the jury should find that the defendant was entitled to the damages asked for in his counterclaim.
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Appeal from the Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. There was but one issue before the jury. - Under the • stipulation, plaintiff’s claim was admitted, and plaintiff was to have a verdict for the amount of its claim, $44, unless the jury should find that the defendant was entitled to the damages asked for in his counterclaim. Instruction numbered 1, asked and given at defendant’s request, fully empowered the jury to return one general verdict, and in it the jury were given specific instructions as to the form of their verdict. This stipulation and this particular instruction…
1Opinion of the CourtBond, J.
Plaintiff sued the defendant for $44, alleged to be due upon a sale of two thousand pounds of flour. *299Defendant filed a counterclaim for $50, for alleged breach of contract by plaintiff to give him the exclusive right to sell its flour in Stotts City, Missouri. There was a trial before the justice and an appeal from his judgment to the circuit court, where the plaintiff had judgment and the court sustained a motion for new trial, from which defendant appeals.
The trial court disregarded its plain statutory duty in omitting to give the reasons for which the new trial was granted, and might have…
2Cases cited4 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Baughman v. FultonSupreme Court of Missouri · 1897
- Liew v. Barrett & Barrett Beverage Co.Supreme Court of Missouri · 1898
3Cited by3 opinions
- Hurley v. KennallySupreme Court of Missouri · 1905
- Bush ex rel. Bush v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1912
- Shea v. SeeligMissouri Court of Appeals · 1901