McNichols v. Nelson
Missouri Court of Appeals
Appeal from, the Bt. Louis City Circuit Court. — Hon. Daniel D. Fisi-ier, Judge. (1) The court erred in trying the cause on a theory ’different from that alleged in the petition. Melvin v. Railroad,, 89 Mo. 106 ; Welsh v. Stewart, 31 Mo. App. 376. (2) On the theory of the case as made by the court, there is no evidence to support the verdict against-any of the defendants.
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Appeal from, the Bt. Louis City Circuit Court. — Hon. Daniel D. Fisi-ier, Judge. (1) The court erred in trying the cause on a theory ’different from that alleged in the petition. Melvin v. Railroad,, 89 Mo. 106 ; Welsh v. Stewart, 31 Mo. App. 376. (2) On the theory of the case as made by the court, there is no evidence to support the verdict against-any of the defendants. (3 ) The evidence of I-Iammet. as to what McNichols’ agent told him was competent 1 Parsons on Contracts [7 Ed.] pp. 42, 43, 44, 45; Story' on Agency, sec. 73, and note, secs. 126,127, and note and. sec. 130; Mechem on…
1Opinion of the Court
'Rombauer, P. J.
— This is an action to recover damages, caused to the plaintiff by the act of the defendants *448in taking and withholding from him forcibly the possession of certain premises. The petition is framed so as to recover exemplary damages likewise, alleging malice in addition to force, but the feature of malice was withdrawn by thp court from the consideration of the jury. The plaintiff is a merchant. His petition •'states that, at the date of the alleged trespass, he had commenced the erection of a building on the premises invaded, which the act of defendants prevented him from…
2Cases cited3 opinions
- Rice v. GroffmannSupreme Court of Missouri · 1874
- Wall v. OsbornNew York Supreme Court · 1834
- Griveaud v. St. Louis Cable & Western Railway Co.Missouri Court of Appeals · 1889
3Cited by10 opinions
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Sanders v. ChartrandSupreme Court of Missouri · 1900
- Walter A. Wood Mowing & Reaping Machine Co. v. BobbstMissouri Court of Appeals · 1894
- Dudley v. Western Union Telegraph Co.Missouri Court of Appeals · 1893
- Kinner v. Tschirpe's ExecutorsMissouri Court of Appeals · 1893
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