Procter v. Loomis
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The verdict was against the law and against the evidence. (2) The court erred in excluding the letter written by respondent, copied in abstract, pages 41 and 42-. Coughlin v. Haeussler, 50 Mo. 128; Budd v. Hoffheimer, 52 Mo. 297. (3) The court erred in admitting the testimony of James Waterhouse as to what report he made to respondent after the contract at Lexington had been completed.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The verdict was against the law and against the evidence. (2) The court erred in excluding the letter written by respondent, copied in abstract, pages 41 and 42-. Coughlin v. Haeussler, 50 Mo. 128; Budd v. Hoffheimer, 52 Mo. 297. (3) The court erred in admitting the testimony of James Waterhouse as to what report he made to respondent after the contract at Lexington had been completed. Wood v. Hicks, 36 Mo. 326, 440; Coble v. McDaniel, 33 Mo. 363; Fougue v. Burgess, 71 Mo. 389; Greely Burnham Co. v. Caper, 23 Mo. App.…
1Opinion of the CourtSmith, P. J.
This was a suit commenced in the circuit court of Lafayette county to recover two hundred and eleven dollars and seventy cents, balance claimed to be due on account of the sale and delivery of one thousand barrels of apples.
The answer admitted the substantive allegations of the petition, but for “further answer, recoupment and counter-claim,” alleged that the said contract for the purchase of the apples was made through James Waterhouse, and that by the terms of the contract the plaintiff was to deliver the apples on board the cars of the Chicago & Alton Railroad, at Mayview, Missouri, in…
2Cases cited10 opinions
- Boatmen's Savings Bank v. OverallMissouri Court of Appeals · 1885
- McGinnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Berry v. WilsonSupreme Court of Missouri · 1876
- Edelmann v. St. Louis Transfer Co.Missouri Court of Appeals · 1877
- Greeley-Burnham Grocer Co. v. CapenMissouri Court of Appeals · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Webb v. CarterMissouri Court of Appeals · 1906
- Birch Tree State Bank v. DowlerMissouri Court of Appeals · 1912
- Flint-Walling Manufacturing Co. v. BallMissouri Court of Appeals · 1891
- Braddy v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1892
- Bowles Live Stock Commission Co. v. HunterMissouri Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.