State v. Durant
Missouri Court of Appeals
Appeal from the Marion Circuit Court.— Hon. Reuben E. Rox, Judge. The relator had reasonable time within which to take possession of the corn, regard being had to its nature and condition, under the very terms of the statute. State to use v. King, 44 Mo. 238; and, under the evidence, this question should have been submitted to the jury. Biggs, J., in this case on former appeal, 53 Mo.
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Appeal from the Marion Circuit Court.— Hon. Reuben E. Rox, Judge. The relator had reasonable time within which to take possession of the corn, regard being had to its nature and condition, under the very terms of the statute. State to use v. King, 44 Mo. 238; and, under the evidence, this question should have been submitted to the jury. Biggs, J., in this case on former appeal, 53 Mo. App. 498. The effect of Bush’s death could only exclude relator’s testimony as to' the contract proper, and not to exclude him entirely as a witness in the ease, or beyond cavil relator was a competent witness…
1Opinion of the CourtBland, P. J.
This case is here the second time by appeal. The opinion on the first appeal is found reported in 53 Mo. App. 493. On the second trial, at the close of the evidence on the part of the plaintiff, the court gave an instruction in the nature of a demurrer to the evidence, whereupon the plaintiff took anon-suit, with leave to move to set the same aside. This motion he filed in due time, and this being overruled, and exceptions taken, he appealed to this court.
*394Sale of personal property without delivery: statute of frauds. *392The case as presented by the present record, presents, briefly stated, the…
2Cases cited6 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Wright v. McCormickSupreme Court of Missouri · 1878
- Stewart v. NelsonSupreme Court of Missouri · 1883
- Stern v. HenleySupreme Court of Missouri · 1878
- State ex rel. Peirce v. MerrittSupreme Court of Missouri · 1879
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3Cited by2 opinions
- State ex rel. Sondheimer Co. v. StoneMissouri Court of Appeals · 1905
- Palmer v. ElsberryMissouri Court of Appeals · 1899