M. Forster Vinegar Manufacturing Co. v. Guggemos
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. W. H. Horner, Judge. (1) The instructions do not correspond with the pleadings. There is nothing in the plaintiff 5s reply that justifies the giving of the first instruction for plaintiff. “ Courts do not possess the power to change by instructions the issues which the pleadings present.” Bank v. Murdock, 62 Mo. 70. (2) An erroneous instruction given to one party is not cured by a proper one given to the other.
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Appeal from, St. Louis City Circuit Court. — Hon. W. H. Horner, Judge. (1) The instructions do not correspond with the pleadings. There is nothing in the plaintiff 5s reply that justifies the giving of the first instruction for plaintiff. “ Courts do not possess the power to change by instructions the issues which the pleadings present.” Bank v. Murdock, 62 Mo. 70. (2) An erroneous instruction given to one party is not cured by a proper one given to the other. State v. Laune, 1 Mo. App. 371. (3) The instructions were not warranted by the facts. (4) The instructions were calculated to confuse…
1Opinion of the CourtRay, C. J.
— This is an action by plaintiff on an account to recover a balance of $345.66 for a certain lot of vinegar sold and delivered to defendant between September 26, and November 10, 1884.
Defendant admits in his answer that he received the vinegar as charged in the petition, but denies his indebtedness therefor, and sets up by way of counterclaim that he bought the vinegar upon the guaranty of plaintiff that it would be of a certain grade, to-wit, “forty graiiis standard proof” suitable for pickling pigs’ feet and tongues, in which business he was then engaged, and for which purpose, as plaintiff…
2Cases cited1 opinion
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
3Cited by7 opinions
- State v. HopeSupreme Court of Missouri · 1889
- Fugler v. BotheSupreme Court of Missouri · 1893
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
- Burdoin v. Town of TrentonSupreme Court of Missouri · 1893
- Fugler v. BotheMissouri Court of Appeals · 1890
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