Schenk v. Forrester
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Hon. E. R. McKee, Judge. (1) There was no evidence of any warranty that the fence would prevent the escape of plaintiff ’s cattle. Wisdom v. Newberry, 30 Mo. App. 241; Fisher v. Goebel, 40 Mo. 476; Tuttle v. Gilbert Mfg.
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Appeal from Scotland Circuit Court. — Hon. E. R. McKee, Judge. (1) There was no evidence of any warranty that the fence would prevent the escape of plaintiff ’s cattle. Wisdom v. Newberry, 30 Mo. App. 241; Fisher v. Goebel, 40 Mo. 476; Tuttle v. Gilbert Mfg. Co., 145 Mass. 169, 13 N. E. 465; 2 McAdam on Landlord and Tenant, (3 Ed.), secs. 385 and 386, page 1244; Ward v. Fagin, Í01 Mo. 669. (2) Damage sought to be recovered was not the direct or proximate or unavoidable result of defendant’s failure to keep the fences in repair. Fontana v. Schulenburg & Boeckler Lumber Co., 109 Mo. 55; Ploen…
1Opinion of the CourtReyburn, J.
This is an action instituted by plaintiff, the tenant, against defendant, his landlord, for damages claimed to have been sustained by the breach of a parol contract for the renting of pasture lands.
*126The final amended petition contained three counts, but at the tidal the court sustained appellant’s demurrer as to the first and third counts of the petition, and instructed the jury to find a verdict for the defendant upon those counts, and the trial proceeded before a jury on the second count, the substantial allegations of which are as' follows: That on the twelfth day of July, 1900, defendant…
2Cases cited4 opinions
- Miller v. St. Louis, Iron Mountain Southern Railway Co.Supreme Court of Missouri · 1886
- Fisher v. GoebelSupreme Court of Missouri · 1867
- Wisdom v. NewberryMissouri Court of Appeals · 1888
- Turner v. GibbsSupreme Court of Missouri · 1872
3Cited by4 opinions
- Max Stool v. J. C. Penney Company, Inc.Court of Appeals for the Fifth Circuit · 1968
- Plate Glass Underwriters' Mutual Insurance v. Ridgewood Realty Co.Missouri Court of Appeals · 1925
- Dehn v. S. Brand Coal & Oil Co.Supreme Court of Minnesota · 1954
- Ware v. DunlapMissouri Court of Appeals · 1911