W. W. Tracy v. Buchanan
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. R. A.' Breuer, Special Judge. (1) The instructions given for plaintiff and defendant, all taken together, covered every theory of. the case. A new trial should not have heen granted for the .reason assigned by the court, because instructions B and C properly declare the law, and taken together with plaintiff’s instruction declare the law of the whole case. Batten v. M. W. A., 131 Mo.
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Appeal from Moniteau Circuit Court. — Hon. R. A.' Breuer, Special Judge. (1) The instructions given for plaintiff and defendant, all taken together, covered every theory of. the case. A new trial should not have heen granted for the .reason assigned by the court, because instructions B and C properly declare the law, and taken together with plaintiff’s instruction declare the law of the whole case. Batten v. M. W. A., 131 Mo. App. 381. (2) The plaintiff cannot complain that he did not receive nominal damage, because he asked no instruction, directing the jury to so find. The plaintiff must…
1Opinion of the CourtJohnson, J.
Plaintiff sued to recover damages for the breach by defendant of a contract for the sale and delivery of shares of stock in a telephone corporation. The answer is a general denial. A trial resulted in a verdict for defendant but on motion of plaintiff the court set aside the verdict and granted a new trial on the .ground, stated in the order, of err.or in giving instructions “B” and “C” asked by defendant. Dissatisfied with this action of the court, defendant brought the case here by appeal. -
Defendant was the president and manager of the California Telephone Company, a corporation owning and…
2Cases cited2 opinions
- Fishback v. HarrisonMissouri Court of Appeals · 1909
- Nash v. Kerr Murray Manufacturing Co.Missouri Court of Appeals · 1885
3Cited by4 opinions
- Moore v. General Motors Corp.Missouri Court of Appeals · 1977
- Garrett v. Terminal R. Ass'n of St. LouisSupreme Court of Missouri · 1953
- Hunt v. SandersSupreme Court of Missouri · 1921
- Moore v. General Motors Corp.Missouri Court of Appeals · 1977