Goodwin Manufacturing Co. v. Fritsch Foundry & Machine Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. John A. Blevins, Judge. No objection having been made to the testimony that the machines were not only to be like the machines in the plaintiff’s factory, but also like the cut shown the defendant, and no affidavit of surprise having been filed, it was not error to instruct the jury that they must believe that the machines were to be like the old ones and the cut shown. The instruction was based upon evidence not objected to.
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Appeal from St. Louis City Circuit Court. — Eon. John A. Blevins, Judge. No objection having been made to the testimony that the machines were not only to be like the machines in the plaintiff’s factory, but also like the cut shown the defendant, and no affidavit of surprise having been filed, it was not error to instruct the jury that they must believe that the machines were to be like the old ones and the cut shown. The instruction was based upon evidence not objected to. R. S. 1899, sec. 655; Hensler v. Stix, 88 S. W. 108 (113 Mo. App. 162); Wall v. Casualty Co., 86 S. W. 491 (111 Mo. App.…
1Opinion of the CourtGoode, J.
— The parties to this action are both incorporated companies, doing business in the city of St. Louis. The plaintiff manufactures mining candles and the defendant machinery of different kinds. In May, 1899, the plaintiff gave the defendant an order to manufacture ten candle machines, to be used in making candles. Each of the machines was to mold 360 candles at a time. The plaintiff had been using machines which were manufactured by a concern in Cincinnati, Ohio. They contained molds for 96 candles, or about one-fourth of the capacity of the machines ordered of the defendant. Tt appears tlie…
2Cases cited3 opinions
- State v. CunninghamSupreme Court of Missouri · 1900
- Minnesota Thresher Manufacturing Co. v. Grant City Lumber & Hardware Co.Missouri Court of Appeals · 1899
- World Publishing Co. v. HullMissouri Court of Appeals · 1899
3Cited by4 opinions
- Witte v. Cooke Tractor Co.Missouri Court of Appeals · 1953
- Stephens Industries, Inc. v. American Express Co.Missouri Court of Appeals · 1971
- Transport Manufacturing & Equipment Co. v. Fruehauf Trailer Co.Court of Appeals for the Eighth Circuit · 1961
- Transport Manufacturing & Equipment Company, a Corporation, and Riss & Company, Inc., a Corporation v. Fruehauf Trailer Company, a Corporation, Fruehauf Trailer Company, a Corporation v. Transport Manufacturing & Equipment Company, a Corporation and Riss & Company, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1961