McIntosh v. Rankin
Supreme Court of Missouri
JError to Atchison Circuit Court. — Hon. CL A. Anthony, Judge. (1) There was no misjoinder of causes of action.. (2) The contract in suit is not against public policy,. the plaintiffs did not agree to run their mill nor in any manner to disregard their duties as millers. Koehler v. Feuerbacker,' 2 Mo. App. 11; 3 Am. and Eng. Encyclopedia of Law, p. 875. (3) The plaintiff had the right to liquidate the damages in their contract.
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JError to Atchison Circuit Court. — Hon. CL A. Anthony, Judge. (1) There was no misjoinder of causes of action.. (2) The contract in suit is not against public policy,. the plaintiffs did not agree to run their mill nor in any manner to disregard their duties as millers. Koehler v. Feuerbacker,' 2 Mo. App. 11; 3 Am. and Eng. Encyclopedia of Law, p. 875. (3) The plaintiff had the right to liquidate the damages in their contract. Adams v. Adams, 91 N. Y. 381; Philips v. Meyers, 82 Ill. 67; Crier v. Shade, 109 Pa. St. 180; Stillwell v. Glascock, 91 Mo. 658; Barrett v, Carden, 26 Atl. Eep. 530.…
1Opinion of the CourtBrace, P. J.
The judgment of the circuit court of Atchison county, sustaining a demurrer to the plaintiffs’ petition is complained of as error in this case.
It is alleged in the petition, filed on the twenty-' eighth of April, 1894, in substance, that on the first day of March, 1893, the plaintiffs were, ever since have been, and now are, the owners of a grist mill operated by water, situated on the’ Big Tarkio creek in said county; that said creek always has been and is now a running stream with well defined channel, bed, and banks; that during the year 1892 the defendant wrongfully cut ditches along the…
2Cited by2 opinions
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- Parsons v. PalmerMissouri Court of Appeals · 1907