Sawyers v. Drake
Missouri Court of Appeals
Appeal from the Mercer Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The court erred in refusing to permit the appellant to prove the value of the services rendered and paid for by him in invoicing the goods received of Egbert.
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Appeal from the Mercer Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The court erred in refusing to permit the appellant to prove the value of the services rendered and paid for by him in invoicing the goods received of Egbert. Then the court afterward, in instruction number 5, given on the part of the respondent, instructed the iury to allow appellant only such sum as the services were reasonably worth, not what they believed from the evidence the services were worth, for there was absolutely no proof that they were worth less than the amount paid, to-wit, four hundred dollars. This…
1Opinion of the CourtEllison, J.
This suit was brought at the March term, 1887, of the Mercer county circuit court. The petition was. in two counts.
The first count declared on a balance on a judgment rendered in the district court of Appanoose county, Iowa, on the fourth day of March, 1884, for $7,646.27, bearing ten per cent, interest from the rendition thereof; *474with a credit of one hundred dollars, paid on the twenty-eighth day of November, 1884. Said first count further alleged that there-was paid on said judgment, June 18, 1884, the sum of seven thousand dollars; said sum being derived from a foreclosure sale of a farm,…
2Cases cited4 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
- Chicago, Santa Fe & California Railway Co. v. VivianMissouri Court of Appeals · 1889
3Cited by3 opinions
- Wright v. FickMissouri Court of Appeals · 1957
- Wm. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1893
- Messerly v. HullMissouri Court of Appeals · 1894