Davis v. Brown
Supreme Court of Missouri
Error to Audrain Circuit Court. — Hon. GL Porter, Judge. Action on a special contract to recover for the pasturage of cattle.' In a suit upon a special contract, where there is no quantum meruit count in the petition, the plaintiff must show a strict compliance with the terms of his contract before he is entitled to recover, or some legal excuse for his failui’e. Yeats v. Ballentine, 56 Mo. 530; Eyerman v. Mt.
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Error to Audrain Circuit Court. — Hon. GL Porter, Judge. Action on a special contract to recover for the pasturage of cattle.' In a suit upon a special contract, where there is no quantum meruit count in the petition, the plaintiff must show a strict compliance with the terms of his contract before he is entitled to recover, or some legal excuse for his failui’e. Yeats v. Ballentine, 56 Mo. 530; Eyerman v. Mt. Sinai Cemetery Asso., 61 Mo. 489. Even if a recovery could have been had on a quantum meruit, the jury should have been instructed to find for the plaintiff, for the time the cattle…
1Opinion of the CourtNapton, J.
The only error alleged in this case is the 4th instruction given by the court at the instance of the plaintiff. That instruction -was as follows : “ If the jury believe from the evidence that there was water sufficient in the old pond for defendants’ cattle as long as said cattle remained in said pasture, although the new pond was not built, then they must find for the plaintiff for the time said cattle were allowed to remain in said pasture by defendants.”
The action was a special contract, containing stipulations that the plaintiff would dig an additional pond, or throw up a’dam over a creek…
2Cases cited1 opinion
- Yeats v. BallentineSupreme Court of Missouri · 1874
3Cited by29 opinions
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Waddingham v. WaddinghamMissouri Court of Appeals · 1887
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