Parker-Washington Co. v. Dennison
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Herman Brumbado, Judge. (1) Plaintiffs made a prima-facie case on the evidence introduced. Ladd v. Williams, 104 Mo. App. 397. It is error to direct a verdict for the defendant even where only nominal damages would he recoverable under the evidence.
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Appeal from Jackson Circuit Court. — Hon. Herman Brumbado, Judge. (1) Plaintiffs made a prima-facie case on the evidence introduced. Ladd v. Williams, 104 Mo. App. 397. It is error to direct a verdict for the defendant even where only nominal damages would he recoverable under the evidence. Owen v. O’Reilly, 20 Mo. 603. (2) The doctrine is fundamental that for the purpose of deciding whether or not plaintiffs ’ case should be submitted to the jury, plaintiffs’ testimony should he taken as true and every reasonable inference therefrom in their favor should be made. Ladd v. Williams, 104 Mo.…
1Opinion of the CourtWoodson, P. J.
This is a suit instituted in the circuit court of Jackson county, by the plaintiffs, to recover $105,000 damages from the defendants, for a breach of a written contract.
The suit was brought against James R. Mcllvried and James R. Dennison, the defendants, but service not having been had upon the former, the cause, as to him, was dismissed, and proceeded with as to the latter.
Since, however, the contract was signed by both of them, and the matters and things complained of in the petition and evidence were transacted by both, in pursuance to the terms of the contract, we will refer to the…
2Cases cited2 opinions
- Owen v. O'ReillySupreme Court of Missouri · 1855
- Ladd v. WilliamsMissouri Court of Appeals · 1904
3Cited by3 opinions
- Bommer v. StedelinMissouri Court of Appeals · 1951
- Smith v. Ray M. Dilschneider, Inc.Supreme Court of Missouri · 1955
- Ledbetter v. MartinezCourt of Appeals of Texas · 1929