Gunther v. Roy
Missouri Court of Appeals
Appeal from the Shelby Circuit Court. — Hon. Andrew Ellison, Judge. “An erroneous instruction is not remedied by the giving of a correct instruction which is inconsistent and irreconcilable therewith.” State v. Cable, 117 Mo. 380; State v. Herrell, 97 Mo. 105; Bluedorn v. R. R., 108 Mo. 439; State v. Clevenger, 25 Mo.
Read the full summary
Appeal from the Shelby Circuit Court. — Hon. Andrew Ellison, Judge. “An erroneous instruction is not remedied by the giving of a correct instruction which is inconsistent and irreconcilable therewith.” State v. Cable, 117 Mo. 380; State v. Herrell, 97 Mo. 105; Bluedorn v. R. R., 108 Mo. 439; State v. Clevenger, 25 Mo. App. 653. We take it for granted that the proposition that where several articles are exchanged even for other articles, there can be no charge against either party to the exchange, is so evident that it needs no citation of authorities. The court erred in permitting the letter…
1Opinion of the CourtBland, P. J.
Statement. — Defendant Robert L. Roy,, under a .contract made with the other defendants, as trustees of the Methodist Episcopal church, south, at Shelby-ville, Missouri, erected a church edifice for said church. Roy purchased of the plaintiff hardware of the value of $92.50, for, and which was used in the construction of, the building. The plaintiff gave notice and filed a lien paper and brought suit against Roy and the trustees of the church to establish and enforce a mechanic’s lien against the church and lot upon which it stood, for the payment of his account of $92.50, which Roy had…
2Cited by2 opinions
- Naughton v. Laclede Gaslight Co.Missouri Court of Appeals · 1907
- Dillon v. WeinbergMissouri Court of Appeals · 1924