Matney v. Gregg Bros. Grain Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hon. Joseph P. Grubb, Judge. The facts are sufficiently stated in the opinion of the court. I. The evidence was not sufficient to authorize the court to submit the case to the jury, and the instruction to that effect ought to have been given. The instructions given on part of plaintiffs were erroneous. II.
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Appeal from Buchanan Circuit Court, Hon. Joseph P. Grubb, Judge. The facts are sufficiently stated in the opinion of the court. I. The evidence was not sufficient to authorize the court to submit the case to the jury, and the instruction to that effect ought to have been given. The instructions given on part of plaintiffs were erroneous. II. The contract sued on did not “stand admitted,” and the jury were authorized by the same instruction (assuming the contract was admitted), to measure the damages by any rule they might see fit to adopt. This was error. The measure or rule by which to…
1Opinion of the CourtPhilips, P. J.
This action was instituted in a justice’s court to recover damages for the breach of a contract touching the sale of a certain lot of corn. The plaintiffs were partners, and the- defendant is a business corporation. Plaintiffs recovered judgment in the justice’s court, from which the defendant duly appealed to the circuit court.
Between the recovery of this judgment and the trial de novo in the circuit court, the partnership of plaintiffs was dissolved by the death of one of the partners, A. E. Matney,- leaving James B. Matney the sole surviving partner. In the circuit court the death of said…
2Cases cited8 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Butler v. LawsonSupreme Court of Missouri · 1880
- Easton v. CourtwrightSupreme Court of Missouri · 1884
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- Cruchon v. BrownSupreme Court of Missouri · 1874
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3Cited by5 opinions
- Red-E-Gas Company v. MeadowsMissouri Court of Appeals · 1962
- Jacquin v. Grand Avenue Cable Co.Missouri Court of Appeals · 1894
- Kick v. DoersteMissouri Court of Appeals · 1891
- Wilburn v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1889
- Weise v. MooreMissouri Court of Appeals · 1886