Kraxberger v. Roiter
Supreme Court of Missouri
Error to Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) The first instruction given for the defence, con- ' sidered in the light of the evidence, was erroneous. It puts the case upon the ground that, if defendant notified plaintiff that he could not, or would not, comply with his promise, the defendant was liable. The mutual consent to a rescission need not be expressed by words, being valid if implied.
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Error to Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) The first instruction given for the defence, con- ' sidered in the light of the evidence, was erroneous. It puts the case upon the ground that, if defendant notified plaintiff that he could not, or would not, comply with his promise, the defendant was liable. The mutual consent to a rescission need not be expressed by words, being valid if implied. Wheeden v, Eiske, 50 N. EL J25 ; Fine v. Rogers, 15 Mo. 315 ; Jones n. Neale, 2 Pat. ,& EL 339. (2) Plaintiff’s second instruction took the case entirely from the jury. Whether she…
1Opinion of the CourtBrace, J.
Action for damages for breach of promise to marry. Defendant admitted the engagement and pleaded a release. The jury found a verdict for the plaintiff for three thousand dollars. The following is all the evidence in the case that it will be necessary to consider in passing upon the errors complained of:
Plaintiff testified: “We were engaged about three months when he commenced to break off the engagement, by letters. At first I could not believe that he-meant what he wrote, and wrote him for an explanation. When I learned he was in earnest it almost made me crazy. I could not eat or sleep. I…
2Cases cited2 opinions
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- State ex rel. Farwell v. LelandSupreme Court of Missouri · 1884
3Cited by14 opinions
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