Cobb v. Whitsett
Missouri Court of Appeals
Appeal from the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in granting instruction 2 for respondent. The petition claims damages for having to replace certain corn, and the measure of damages, if any, would be the difference between what it cost to replace and the thirty-eight cents, the price claimed to have been agreed upon. The plaintiff offered no evidence as to when he replaced, or what he paid to replace the same.
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Appeal from the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in granting instruction 2 for respondent. The petition claims damages for having to replace certain corn, and the measure of damages, if any, would be the difference between what it cost to replace and the thirty-eight cents, the price claimed to have been agreed upon. The plaintiff offered no evidence as to when he replaced, or what he paid to replace the same. (2) The court erred in admitting evidence of declarations of James Whitsett made out of the presence of and unauthorized by appellant, and in…
1Opinion of the Court
Smith, P, J.
This was a suit commenced before a justice of the peace to recover damages for the breach of a verbal contract to deliver twelve hundred and seventy-five bushels of corn. There was a trial of the court below, which resulted in judgment for the plaintiff, from which defendant has appealed. The defendant objects that the trial court erred in instructing the jury to the effect that, if the defendant sold the corn to plaintiff and afterwards refused to allow him to. take possession of it, then the measure of •damages, which plaintiff was entitled to recover, was the difference between…
2Cases cited7 opinions
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Koeltz v. BleckmanSupreme Court of Missouri · 1870
- Northrup v. CookSupreme Court of Missouri · 1866
- White v. SalisburySupreme Court of Missouri · 1862
- Griffith v. Kansas City Material & Construction Co.Missouri Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Creve Coeur Lake Ice Co. v. TammMissouri Court of Appeals · 1901
- Nugent v. Armour Packing Co.Supreme Court of Missouri · 1907
- National Warehouse & Storage Co. v. ToomeyMissouri Court of Appeals · 1910
- Bush v. FisherMissouri Court of Appeals · 1900