Wilson & Aull v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) It was error for .the court to permit the plaintiffs to introduce evidence showing a decline in the market price of such cattle at Kansas City between the tenth and twelfth days of July, for the reason that this is an action for damages for failure to ship the cattle as defendant agreed to do.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) It was error for .the court to permit the plaintiffs to introduce evidence showing a decline in the market price of such cattle at Kansas City between the tenth and twelfth days of July, for the reason that this is an action for damages for failure to ship the cattle as defendant agreed to do. In such case the- only measure of damages is the difference in value of the cattle at the point of shipment, on the ninth day of July, when defendant refused to ship them, and their value at the point of destination when they…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for the breach of a verbal contract, by which the defendant undertook to receive and ship ten car loads of cattle, on the evening of July 9, 1894, from its station at the city of Lexington, to Kansas City.
*391The defense interposed by the answer was that on the eleventh day of July, 1894, the plaintiffs and defendant entered into a written contract, for the shipment of the plaintiffs’ cattle, in which said contract there was a clause to the effect that the plaintiffs released any and all causes of action for damages that might have accrued to them on any…
2Cases cited21 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
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3Cited by7 opinions
- Sloop v. Wabash RailroadMissouri Court of Appeals · 1902
- Gann v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
- Kolkmeyer v. Chicago & Alton RailroadMissouri Court of Appeals · 1915
- Reynolds v. Western Union Telegraph Co.Missouri Court of Appeals · 1899
- Perry v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1901
2 more not listed; retrieve them via the Exa API.