Bush v. Norman

The controversy involved in this appeal is over the action of the trial court in adjudicating costs against the plaintiff in a case wherein he was the prevailing party.

Plaintiff sued defendant for direct and consequential damages sustained by reason of the failure of defendants to erect, in accordance with contract, a silo on defendant’s farm. A judgment was recovered and defendant appealed, resulting in a reversal of the judgment and a remanding of the cause. [See Bush v. Norman, 199 S. W. 721.]

When the case went back to the trial court, plaintiff filed an amended petition eliminating the…