Wright v. Brown
Missouri Court of Appeals
Appeal from PtilasM Circuit Court.--No». L. B. Woodside, Judge. If it be conceded that defendant gave plaintiff a parol license to build the fence on bis (defendant’s) land, the defendant bad the right at any time to revoke the license and to tear down the fence and the court erred in giving instruction No. 3 of its own motion. Pitzman v. Boyd, 111 Mo. 387; Desloge v. Pearce, 38 Mo. 588; Fowler v. Delapin, 78 Oh.
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Appeal from PtilasM Circuit Court.--No». L. B. Woodside, Judge. If it be conceded that defendant gave plaintiff a parol license to build the fence on bis (defendant’s) land, the defendant bad the right at any time to revoke the license and to tear down the fence and the court erred in giving instruction No. 3 of its own motion. Pitzman v. Boyd, 111 Mo. 387; Desloge v. Pearce, 38 Mo. 588; Fowler v. Delapin, 78 Oh. St. 279, 87 N. E. 260; Crosdale v. Lanigan, 129 N. Y. 604, 26 Am. St. Rep. 557; Batchelor v. Plibbard, 58 N. H. 269, 31 Am. St. Rep. 715. (1) The continued enjoyment of a license…
1Opinion of the CourtGray, J.
This action was instituted before a justice of the peace in Pulaski county, under section 5449, Revised Statutes 1909, to recover the penalty and damages prescribed therein. The cause was appealed to the circuit court and tried before a jury, resulting in a verdict fox the penalty and $50 actual damages, and judgment was rendered for the penalty and double damages, and the defendant appealed..The parties were owners of adjoining tracts of land on,the G-asconade river. The plaintiff, in enclosing his land, used the river as a natural barrier in forming a part of his in closure, by running his…
2Cases cited4 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Mine LaMotte Lead & Smelting Co. v. WhiteMissouri Court of Appeals · 1904
- Dunham v. JoyceSupreme Court of Missouri · 1895
- Sims v. FieldSupreme Court of Missouri · 1881
3Cited by1 opinion
- Carroll v. Little River Drainage DistrictMissouri Court of Appeals · 1921