Taussig v. Wind
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Sow. Selden P. Spencer, Judge. STATEMENT. This is an action brought upon a building contract of date May 5, 1899, whereby defendant agreed to erect for plaintiff, under the supervision of the architect of the latter, two detached brick dwelling houses in the city of St. Louis. The contract recites among other provisions, the following: “Article 1. The contractor under the direction and to the satisfaction of Theo.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Sow. Selden P. Spencer, Judge. STATEMENT. This is an action brought upon a building contract of date May 5, 1899, whereby defendant agreed to erect for plaintiff, under the supervision of the architect of the latter, two detached brick dwelling houses in the city of St. Louis. The contract recites among other provisions, the following: “Article 1. The contractor under the direction and to the satisfaction of Theo. Link, architect, acting for the purposes of this contract as the ¡agent of the owner, shall 'and will provide all materials and…
1Opinion of the Court
REYBURN,
1. The plaintiff -at the threshold of the case asks that the verdict of the jury be set aside on the ground that there was no substantial evidence to sustain it, but the record discloses abundant foundation in the testimony for the verdict rendered, and being supported by substantial evidence, it is therefore conclusive as to questions of fact, and the action of the trial court in overruling the motion for new trial of plaintiff upon this ground was fully warranted. An appellate court will not reverse nor disturb a judgment unless the verdict upon which it is based is entirely…
2Cases cited2 opinions
- McCormick v. Interstate Consolidated Rapid Transit Railway Co.Supreme Court of Missouri · 1900
- Whipple v. Peter Cooper Building & Loan Ass'n, Number 4Missouri Court of Appeals · 1893
3Cited by1 opinion
- Bradford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909