Logan v. Carroll
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. The court erred in refusing to give instruction of nonsuit. E. S. 1889, sec. 5187. See, also, Lyle v. Shinnebarger, 17 Mo. App. 66; Whaley v. Hinchman, 22 Id. 483; Vanstone v. Hopkins, 49 Id. 386; Pratt v. Miller, 109 Mo. 78; Burrell v. Highleyman, 33 Mo. App. 187; Johnson B. Co. v. Bank, 116 Mo. 558; Barton Bros. v. Hunter, 59 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. The court erred in refusing to give instruction of nonsuit. E. S. 1889, sec. 5187. See, also, Lyle v. Shinnebarger, 17 Mo. App. 66; Whaley v. Hinchman, 22 Id. 483; Vanstone v. Hopkins, 49 Id. 386; Pratt v. Miller, 109 Mo. 78; Burrell v. Highleyman, 33 Mo. App. 187; Johnson B. Co. v. Bank, 116 Mo. 558; Barton Bros. v. Hunter, 59 Mo. App. 610; Bernhard v. Wall, 29 Id. 206. The court also erred in submitting to the jury the determination of reasonable time in which to sell the horses. Viertel v. Smith, 55 Mo. App. 617.
1Opinion of the CourtBiggs, J.
The plaintiff claims that on the tenth day of October, 1895, he sold to the defendant fourteen horses for $550; that the defendant drew his check on the Boatmeu’s Bank in the city of St. Louis for the amount of the purchase and delivered it to plaintiff; that the plaintiff accepted the check in payment for the horses; that the defendant left the horses in plaintiff’s possession, with the understanding that he would take them away the next day; that on the following day the defendant countermanded the payment of the check, and refused to take the horses; that after notice to the defendant the…
2Cases cited5 opinions
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
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- Van Horn v. RuckerSupreme Court of Missouri · 1863
- Ingram v. MatthienSupreme Court of Missouri · 1833
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