R. J. Hurley Lumber Co. v. Cummings

McDOWELL, Presiding Judge.

This action is on account for lumber and building materials alleged to have been purchased by defendants, in the sum of $2,323.62. Suit was filed in the Circuit Court of Newton County, Missouri, tried by jury, resulting in a verdict and judgment in favor of plaintiff in the amount sued for. The trial court süstained a motion for a new trial on the ground that plaintiff’s instruction numbered I failed to-embody necessary facts shown in evidence to properly submit the issues to the jury. Plaintiff appealed.

Plaintiff’s petition alleged that defendants purchased lumber…