Bird v. Thompson
Supreme Court of Missouri
Appeal from Carroll Circuit. Court. — Hon. J. M. I)avis, Judge. (1) Under the first instruction, the jury were not confined to the damages which plaintiff may have sustained by reason of any breach of the alleged contract of marriage. The damage must result from ■defendant’s breach of contract. Clark v. Fairley, 24 Mo.
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Appeal from Carroll Circuit. Court. — Hon. J. M. I)avis, Judge. (1) Under the first instruction, the jury were not confined to the damages which plaintiff may have sustained by reason of any breach of the alleged contract of marriage. The damage must result from ■defendant’s breach of contract. Clark v. Fairley, 24 Mo. App. 429 ; Brown v. Boad Company, 89 Mo. 152 ; Luckie v. Bailroojd, 67 Mo. 245; Cunningham *. Bailroad, 70 Mo. 202. (2) The second instruction is vague and misleading in that it does not appear from said instruction whether its object is to call the attention of the jury to a…
1Opinion of the CourtNorton, C. J.
This is an appeal from the judgement of the circuit court of Carroll county in favor of 'plaintiff for five thousand dollars damages for breach of a marriage contract. The points relied upon by counsel for reversal are: First, that the instructions given on behalf of plaintiff are erroneous ; second, that the verdict of the jury was not responsive to the issues made and did not warrant the court in entering judgment upon it.
The instructions complained of, as they appear in the record, are as follows :
“If the jury believe from the evidence, that a mutual promise was entered into, on or about…
2Cases cited2 opinions
- Hoke v. St. Louis, Keokuk & Northern Railway Co.Supreme Court of Missouri · 1885
- Hannibal & New London Plank Road & Bridge Co. v. BowlingSupreme Court of Missouri · 1873
3Cited by8 opinions
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- Liese v. MeyerSupreme Court of Missouri · 1898
- Boedges Ex Rel. Boedges v. DingesMissouri Court of Appeals · 1968
- Anderson v. KirbySupreme Court of Georgia · 1906
- Fisher v. OliverMissouri Court of Appeals · 1913
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