Haysler v. Owen
Supreme Court of Missouri
Appeal from, Henry County Circuit Court. I. The first instruction given for plaintiff was wrong. 1st There was no acceptance in this case of the stable, which would amount to waiver. The case was not such. (Yeats vs. Ballentine, 56 Mo., 530.) 2d. The compliance with the contract, necessary to enable plaintiff to recover the amount claimed, must have been, not a “fair and substantial,” but a literal compliance. (Barker vs. Troy & Rutland R. R., 27 Yt., 780.) II.
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Appeal from, Henry County Circuit Court. I. The first instruction given for plaintiff was wrong. 1st There was no acceptance in this case of the stable, which would amount to waiver. The case was not such. (Yeats vs. Ballentine, 56 Mo., 530.) 2d. The compliance with the contract, necessary to enable plaintiff to recover the amount claimed, must have been, not a “fair and substantial,” but a literal compliance. (Barker vs. Troy & Rutland R. R., 27 Yt., 780.) II. The third instruction given for plaintiff was clearly wrong. The measure of damages was not the difference between the roof agreed to…
1Opinion of the CourtHough, Judge
This was a suit on a promissory note for one hundred and eighteen dollars, given by the defendant to the plaintiffs in February, 1873,.for a balance claimed by plaintiffs to be due to them from the defendant for work and labor done and materials furnished,-in the construction of a sheet-iron and galvanized iron roof upon a livery stable belonging to the defendant in the town of Clinton, Henry county, Mo. The defendant pleaded that said roof was constructed in a negligent, unskillful and unworkmanlike manner, and of inferior materials, in consequence whereof it leaked, and defendant’s hay was…
2Cases cited2 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Yeats v. BallentineSupreme Court of Missouri · 1874
3Cited by32 opinions
- Burger v. WoodMissouri Court of Appeals · 1969
- State Ex Rel. State Highway Commission v. Vorhof-Duenke Co.Supreme Court of Missouri · 1963
- Hotchner v. LiebowitsMissouri Court of Appeals · 1960
- Uhlig v. BarnumNebraska Supreme Court · 1895
- Red-E-Gas Company v. MeadowsMissouri Court of Appeals · 1962
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