St. Louis Union Packing Co. v. Mertens
Missouri Court of Appeals
Appeal from St. Louis Gity Circuit Court. — Eon. E%igo Grimm, Judge. Instructions which are likely to mislead and confuse the minds of the jury should not he given. Clarke v. Kitchen, 52 Mo. 316; Belt v. Goode, 31 Mo. 128; Harrison v. Franklin, 126 Mo. App. 366; Neff v. City of Cameron, 111 S. "W. 1139’; State v. Pettitt, 119 Mo. 410; Stegman v. Berryhill, 72 Mo. 307; Shortal v. St. Joseph, 104 Mo. 114; State v. Meals, 184 Mo. 244. Error is presumed to be prejudicial.
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Appeal from St. Louis Gity Circuit Court. — Eon. E%igo Grimm, Judge. Instructions which are likely to mislead and confuse the minds of the jury should not he given. Clarke v. Kitchen, 52 Mo. 316; Belt v. Goode, 31 Mo. 128; Harrison v. Franklin, 126 Mo. App. 366; Neff v. City of Cameron, 111 S. "W. 1139’; State v. Pettitt, 119 Mo. 410; Stegman v. Berryhill, 72 Mo. 307; Shortal v. St. Joseph, 104 Mo. 114; State v. Meals, 184 Mo. 244. Error is presumed to be prejudicial. Clark v. Fairley, 30 Mo. App, 335. (1) There is an implied contract between plaintiff and defendant that the ice furnished by…
1Opinion of the CourtCaulfield, J.
The plaintiff agreed to sell and the defendant to buy and take daily, at three dollars per ton, all of the ice manufactured at plaintiff’s plant during the six months ending October 31, 1906, and not needed by plaintiff in its packing business, not exceeding, however, forty tons per day during May and October. Defendant was a dealer in ice, wholesaling and retailing ice for ordinary uses.
The contract was fully complied with up to October, but during that month defendant refused to take, in all, 137 19-20 tons which, at the contract price, was worth $413,85, and for this amount plaintiff sued.
A…
2Cases cited8 opinions
- Shortel v. City of St. JosephSupreme Court of Missouri · 1891
- Clark v. HammerleSupreme Court of Missouri · 1858
- Murchie v. CornellMassachusetts Supreme Judicial Court · 1891
- Lee v. J. B. Sickles Saddlery Co.Missouri Court of Appeals · 1889
- Maack v. SchneiderMissouri Court of Appeals · 1894
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3Cited by4 opinions
- Murphy v. Great American InsuranceMissouri Court of Appeals · 1926
- Drimmel v. Kansas CityMissouri Court of Appeals · 1914
- Barr & Martin v. JohnsonMissouri Court of Appeals · 1913
- Campbell v. Springfield Traction Co.Missouri Court of Appeals · 1914