McClure Bros. v. School District
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) It was error to give either the plaintiffs’ second or fourth instructions. Both are too indefinite and uncertain. Such instructions tend to mislead the jury and it is error to give them. Compton v. Baker, 34 Mo. App. 133; George v. Railroad, 40 Mo. App. 433, 447; Beltv. Goode, 31 Mo. 128; Legg v. Johnson, 23 Mo. App. 590; Clark v. Fairly, 24 Mo.
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Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) It was error to give either the plaintiffs’ second or fourth instructions. Both are too indefinite and uncertain. Such instructions tend to mislead the jury and it is error to give them. Compton v. Baker, 34 Mo. App. 133; George v. Railroad, 40 Mo. App. 433, 447; Beltv. Goode, 31 Mo. 128; Legg v. Johnson, 23 Mo. App. 590; Clark v. Fairly, 24 Mo. App. 429; Railroad v. Boyd, 67 Md. 32; Bunn v. Bimnaker, 87 Mo. 597, 601; Mound City v. Conlon, 92 Mo. 221; 2 Thompson on Trials, sec. 2326. (2) The sixth instruction given for the…
1Opinion of the CourtGill, J.
Gordy & White contracted with defendant to furnish all materials and labor for the erection of a schoolhouse. Gordy & White bought from plaintiffs the inside finish for the building, and it was shipped to Tipton and delivered on the schoolhouse grounds. Plaintiffs, however, claim that the title of the finishing material was to remain in them until paid for. During the progress of the work a misunderstanding arose between Gordy & White and the school board, and the work was abandoned. At that time, the materials furnished by plaintiffs were unused and were stored at the schoolhouse. Plaintiffs…
2Cited by2 opinions
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