Harrigan v. Welch
Missouri Court of Appeals
Appeal from the Buchcmm Circuit Cornt. — Hon. Heney M. Ramey, Judge. (1) The fact, that the instruction complained of directed the jury that they might find for the plaintiff on a state of facts admitted not to exist, is a fatal objection. Bender v. Bungan, 99 Mo. 126; Harty v. Raib-oad, 95' Mo. 368; Bankv. Overall, 90 Mo. 410; s. o., 16 Mo. App. 510; Babb v. Granite Co., 41 Mo. App. 642; Norton v. Railroad, AO Mo.
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Appeal from the Buchcmm Circuit Cornt. — Hon. Heney M. Ramey, Judge. (1) The fact, that the instruction complained of directed the jury that they might find for the plaintiff on a state of facts admitted not to exist, is a fatal objection. Bender v. Bungan, 99 Mo. 126; Harty v. Raib-oad, 95' Mo. 368; Bankv. Overall, 90 Mo. 410; s. o., 16 Mo. App. 510; Babb v. Granite Co., 41 Mo. App. 642; Norton v. Railroad, AO Mo. App. 642. And the action of the court in giving them another instruction, telling them, in effect, that the first was meaningless, can only serve-to aggravate the error. Nasse v.…
1Opinion of the CourtSmith, P. J.
This was a suit on the following contract to recover the $400 installment therein mentioned.
“ St. Joseph, Mo., November 26,1889.
“J. S. Welch, Esq.
‘1 Dear Sir : — We. propose to furnish and erect in your new residence a hot-water heating plant for the sum of $875, to consist of the following: One number 7 Bolton hot water boiler, and eight hundred and forty-seven square feet of Bundy Elite radiation in seventeen radiators, the radiators to be bronzed and painted to suit, the work to be done in the best manner, and all material to be of the. best quality, the hauling of all material used in…
2Cases cited4 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Albany & Rensselaer Co. v. LundbergSupreme Court of the United States · 1887
- Snider v. Adams Express Co.Supreme Court of Missouri · 1883
- H. T. Keown & Co. v. VogelMissouri Court of Appeals · 1887
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- J. Landis Shoe Co. v. HudsonCourt of Appeals for the Eighth Circuit · 1929
- Johnston v. O'SheaMissouri Court of Appeals · 1906