Hancock v. Buckley
Missouri Court of Appeals
Appeal from Saline Circuit Court, Hon. E. L. Edwards, J. Statement of case by the court. The plaintiff sued defendant for failure and refusal to pay him for pasturage furnished from April 15 to October 9, 1882, for the grazing of sixty head of cattle, at 55 cents per head per month. Plaintiff’s evidence tended to show that he contracted to furnish pasturage for the cattle, for the season, or so long as they did well, at the rate aforesaid.
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Appeal from Saline Circuit Court, Hon. E. L. Edwards, J. Statement of case by the court. The plaintiff sued defendant for failure and refusal to pay him for pasturage furnished from April 15 to October 9, 1882, for the grazing of sixty head of cattle, at 55 cents per head per month. Plaintiff’s evidence tended to show that he contracted to furnish pasturage for the cattle, for the season, or so long as they did well, at the rate aforesaid. That the cattle were turned into the pasture April 15, 1885, and kept there till the 15th of June following, when defendant took them away. That the grass…
1Opinion of the Court
Opinion by
Ellison, J.
Defendant’s objection is that as plaintiff’s petition is for furnishing him pasture for his cattle, during the season, from the middle of April till about the middle *464of October, and the proof was that be put Ms cattle in on April 15, and took them out on June 15, following, plaintiff did not furnish him pasture longer than Jnne 15. And that, under the petition, his recovery ought to ■have been limited to the contract price up to June 15, and not afterwards. That if further recovery was sought plaintiff should have asked, in a separate count, for damages on account of…
2Cases cited4 opinions
- State ex rel. Webster v. KnightSupreme Court of Missouri · 1870
- Chamberlin v. VanceCalifornia Supreme Court · 1875
- Watson v. San Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1875
- Marquard v. WheelerCalifornia Supreme Court · 1877
3Cited by9 opinions
- Southern Railway Co. v. Oliver & MorrowCourt of Appeals of Georgia · 1907
- State Ex Rel. St. Louis Public Service Co. v. BeckerSupreme Court of Missouri · 1933
- Berryman v. Peoples Motorbus Co.Missouri Court of Appeals · 1932
- State ex rel. Fuller v. BeallNebraska Supreme Court · 1896
- Drennon v. DalincourtMissouri Court of Appeals · 1894
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