Hunter v. Helsley
Missouri Court of Appeals
Appeal from Benton Circuit Court. — Bo». W. W. Graves, Judge. (1) Evidence of an unexecuted compromise between the parties is not admissible for any purpose; nor are hypothetical or provisional estimates made during an attempt to settle differences. Wright v. Gillespie, 43 Mo. App. 244; Huittman v. Yiesselman, 48 Mo.
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Appeal from Benton Circuit Court. — Bo». W. W. Graves, Judge. (1) Evidence of an unexecuted compromise between the parties is not admissible for any purpose; nor are hypothetical or provisional estimates made during an attempt to settle differences. Wright v. Gillespie, 43 Mo. App. 244; Huittman v. Yiesselman, 48 Mo. App. 582. (2) The court erred in permitting' Hunter to testify that he ‘expected a thousand dollars worth of shoes from Chicago would weigh from 3,000 to 5,000 pounds,’” because: (a) He had not shown himself qualified to testify as an expert. Marshall v. Bingle, 36 Mo. App. 122.…
1Opinion of the CourtSmith, P. J.
The plaintiff and defendant entered into a written contract by which plaintiff agreed to take from defendant a farm valued at $18,000 and to give in exchange therefor certain other real estate valued at $4,600 and also a stock of merchandise, the latter “at cost and freight added.” The transaction to which the contract related was completed except the plaintiff insisted that the defendant had refused to- pay him the freight on said stock of merchandise, as he had bound himself to do. And based upon this alleged breach of the contract, this action was begun before a justice of the peace to…
2Cases cited5 opinions
- Fink v. Lancashire InsuranceMissouri Court of Appeals · 1895
- West v. FreemanMissouri Court of Appeals · 1898
- Gantt v. DuffyMissouri Court of Appeals · 1897
- Ferry v. TaylorSupreme Court of Missouri · 1863
- Huetteman v. ViesselmannMissouri Court of Appeals · 1892
3Cited by8 opinions
- Denney v. Spot Martin, Inc.Missouri Court of Appeals · 1959
- Galovich v. Hertz CorporationSupreme Court of Missouri · 1974
- Sides Construction Co. v. Arcadia Valley R-II School DistrictMissouri Court of Appeals · 1978
- Cheatham v. ChartrauMissouri Court of Appeals · 1944
- Christner v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1933
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