Bush v. Fisher
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Plaintiff is a minor. No evidence was introduced tending to show that a next friend had been appointed to prosecute, nor that any one had consented to act as such. Porter v. Railway, 60 Mo. 162; Sherman v. Railway, 72 Mo. 63; Lee v. Mfg. Co., 6 Mo. App. 578; Randolph v. Railway, 18 Mo.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Plaintiff is a minor. No evidence was introduced tending to show that a next friend had been appointed to prosecute, nor that any one had consented to act as such. Porter v. Railway, 60 Mo. 162; Sherman v. Railway, 72 Mo. 63; Lee v. Mfg. Co., 6 Mo. App. 578; Randolph v. Railway, 18 Mo. App. 609. (2) The court erred in permitting plaintiff to testify that after he made the agreement with defendants to purchase their wood at $1.30 a cord he contracted to sell the same at Kansas City for $3 per cord for all except the…
1Opinion of the CourtSmith, P. J.
— This is a suit begun before a justice of the peace to recover damages for the breach of a contract for the sale and delivery of cord wood. In the circuit court the plaintiff had judgment for one hundred and ten dollars and defendants have appealed.
There is little or no dispute as to the facts which the evidence conduces to establish. The plaintiff entered into *4a verbal contract with defendants for the purchase of two hundred and fifty cords of wood at one dollar and thirty cents per cord. The wood was to be measured, received and paid for the following week. Ten dollars of the purchase…
2Cases cited4 opinions
- Brandon v. CarterSupreme Court of Missouri · 1894
- Anderson v. FrankMissouri Court of Appeals · 1891
- Cobb v. WhitsettMissouri Court of Appeals · 1892
- Vanstone v. HopkinsMissouri Court of Appeals · 1892
3Cited by3 opinions
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Ross v. MajorMissouri Court of Appeals · 1914
- Baskerville v. JohnsonSouth Dakota Supreme Court · 1905