Bittrick v. Gilmore
Missouri Court of Appeals
Appeal from the Lawrence Circuit Cotvrt. — Hon. M. G. McGeegoe, Judge. The action of the court in taking the case- from the jury should be affirmed. There was no evidence to establish an implied promise to pay wages. The circumstances and appellant’s own testimony negative this. Ryan v. Lynch, 9 Mo. App. 18; Guenther v. Bwkicht, 22 Mo.- 439; Morris v. Barnes, 35 Mo. 412, 415; Suits v. Taylor, 20 Mo.
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Appeal from the Lawrence Circuit Cotvrt. — Hon. M. G. McGeegoe, Judge. The action of the court in taking the case- from the jury should be affirmed. There was no evidence to establish an implied promise to pay wages. The circumstances and appellant’s own testimony negative this. Ryan v. Lynch, 9 Mo. App. 18; Guenther v. Bwkicht, 22 Mo.- 439; Morris v. Barnes, 35 Mo. 412, 415; Suits v. Taylor, 20 Mo. App. 166; JDeFrance v. Austin, 9 Penn. 310. The evidence is such that it was the plain duty of the court to set the verdict aside as being founded on passion and prejudice. It was, therefore, his…
1Opinion of the CourtRombauer, P. J.
— The action is one to recover for services rendered by the plaintiff to the defendant upon an implied contract for compensation. Upon the close of the entire evidence, the court instructed the jury that under the pleadings and evidence they must find for the defendant, and the jury brought in a verdict accordingly. The giving of this instruction is the error complained of. The only question for our consideration, therefore, is, whether the plaintiff has adduced any substantial evidence entitling her to go to the jury.
The evidence adduced by the plaintiff tehded to show the following facts:…
2Cases cited7 opinions
- Hart v. HessSupreme Court of Missouri · 1867
- Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
- Morris v. BarnesSupreme Court of Missouri · 1865
- Reando v. MisplaySupreme Court of Missouri · 1886
- Houck v. BridwellMissouri Court of Appeals · 1888
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3Cited by3 opinions
- Kinner v. Tschirpe's ExecutorsMissouri Court of Appeals · 1893
- Ramsey v. HicksMissouri Court of Appeals · 1893
- Crapson v. Wallace Bros.Missouri Court of Appeals · 1897