Atkin Bros. v. Southern Grain Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Hrnnibaclc, Judge. (1) Technical rules applicable to pleadings in courts of general jurisdiction are dispensed with in causes originating before a justice of the peace, yet it is essential that the statement of the cause of action should be sufficiently specific to advise defendant of the nature of the claim so that he can make preparations upon an intelligent basis and meet the demand and cause of action suggested by the…
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Appeal from Jackson Circuit Court. — Hon. Hermann Hrnnibaclc, Judge. (1) Technical rules applicable to pleadings in courts of general jurisdiction are dispensed with in causes originating before a justice of the peace, yet it is essential that the statement of the cause of action should be sufficiently specific to advise defendant of the nature of the claim so that he can make preparations upon an intelligent basis and meet the demand and cause of action suggested by the complaint, and it is error to give instructions authorizing a recovery on grounds different from those laid in the…
1Opinion of the CourtBroaldus, P. J.
The plaintiff is a corporation doing a wholesale and retail business at Shreveport, Louisiana, and the defendant Issy Landa, a commission business under the name of the Southern Grain •Company at Kansas City, Missouri.
The testimony showed that on the 15th of December, 1903, plaintiff telegraphed at Kansas City as follows: “Ship one car ear corn quick.” On the same day the defendant answered the plaintiff's telegram as follows: “We have booked your order as per your wire of to-day for one car of corn in shuck at 47 and one-half cents per bushel, delivered at Shreveport, our certificate of…
2Cases cited2 opinions
- Atkins Brothers Co. v. Southern Grain Co.Missouri Court of Appeals · 1906
- Kerr v. EmersonMissouri Court of Appeals · 1895