White v. Nye
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in giving instruction number 3 for respondent which told the' jury that if the appellant consented to a sale of part of the crop grown on the demised premises, such sale would not warrant the attachment. 1 Herman on Estoppel, sec. 7; Bales v. Perry, 51 Mo. 449; Acton v. Dooley, 74 Mo. 63; Monies v. Belden, 80 Mo. 642, and cases cited.
Read the full summary
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in giving instruction number 3 for respondent which told the' jury that if the appellant consented to a sale of part of the crop grown on the demised premises, such sale would not warrant the attachment. 1 Herman on Estoppel, sec. 7; Bales v. Perry, 51 Mo. 449; Acton v. Dooley, 74 Mo. 63; Monies v. Belden, 80 Mo. 642, and cases cited. The defense of estoppel is new matter, and must be pleaded, and the court committed error in submitting such an issue to the jury by the third instruction given at the…
1Opinion of the CourtEllison, J.
Plaintiff is the grantee of the defendant’s original landlord, and as such became entitled to the rents due from defendant. He instituted this action by attachment for the rent not then due. He was defeated on trial of plea in abatement and thereupon the court dismissed his case on the merits.
It appears that defendant was to pay plaintiff’s grantor $115 (divided into two notes, one for $25 and the other for $90), for the rent of eighty acres of farm land, and that after plaintiff' became the owner of the land he instituted this action and sued out an attachment, on the ground that the…
2Cited by1 opinion
- White v. A. K. McAllister Co.Missouri Court of Appeals · 1896