Boteler v. Roy
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The second instruction .asked by appellant asserted correct principles of law as .applicable to the facts in this case, and should have been given. The contractor must allow for any damages sustained by reason of his failure to perform his contract. Lowe v. Binklear, 27 Mo. 308; Lamb v. Brolaski, 38 Mo. 308; Teats n.
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Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The second instruction .asked by appellant asserted correct principles of law as .applicable to the facts in this case, and should have been given. The contractor must allow for any damages sustained by reason of his failure to perform his contract. Lowe v. Binklear, 27 Mo. 308; Lamb v. Brolaski, 38 Mo. 308; Teats n. Ballentine, 56- Mo. 537. (2) The use and occupation of the building by appellant was not an acceptance thereof. Therefore appellant’s eighth instruction should have been given as asked' by appellant without…
1Opinion of the CourtEllison, J.
This action is by the owner against the contractor for breach of contract for building a house. Defendant Roy was the contractor, and the *238other defendants were Ms sureties for his faithful performance of the contract. There was a judgment for defendant and plaintiff appeals.
I. Defendant Doughtery was a member of the county court which selected the regular panel from which the jury in-this cause was drawn in the trial court. Such fact was unknown to plaintiff until after the trial, when he set it up in his motion for a new trial supported by affidavits. This objection to the jury ought to have…
2Cases cited9 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Glacius v. . BlackNew York Court of Appeals · 1872
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Haysler v. OwenSupreme Court of Missouri · 1875
- Dinsmore v. Livingston CountySupreme Court of Missouri · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Southwest Engineering Co. v. Reorganized School District R-9Missouri Court of Appeals · 1968
- Aetna Indemnity Co. v. Indianapolis Mortar & Fuel Co.Indiana Supreme Court · 1912
- McAlpine Company v. GrahamMissouri Court of Appeals · 1959
- Green River Steel Corp. v. Globe Erection CompanyCourt of Appeals of Kentucky (pre-1976) · 1956
- Cross v. RobinsonMissouri Court of Appeals · 1955
5 more not listed; retrieve them via the Exa API.