Gillfillan v. Schmidt
Missouri Court of Appeals
Appeal from Warren Circuit Court. — Hon. James D. Barnett, Judge. (1 ) The vice of instruction No. 1 is that it leaves to the jury to determine a question of law as to what constituted “the exact terms fixed by defendant and unless plaintiff has shown these facts by the greater' weight of the evidence your finding will he for defendant.” Dalton v. Redemeyer, 154 Mo. App. 190; Good-son v. Embleton, 106 Mo. App. 77; Nulton v. Croskey, 111 Mo.
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Appeal from Warren Circuit Court. — Hon. James D. Barnett, Judge. (1 ) The vice of instruction No. 1 is that it leaves to the jury to determine a question of law as to what constituted “the exact terms fixed by defendant and unless plaintiff has shown these facts by the greater' weight of the evidence your finding will he for defendant.” Dalton v. Redemeyer, 154 Mo. App. 190; Good-son v. Embleton, 106 Mo. App. 77; Nulton v. Croskey, 111 Mo. App. 18; Nichols v. Whiteacre, 112 Mo. App. 692. (2) The vice of instruction No.'2 is that it singled out one specific fact in a way as to give it marked…
1Opinion of the CourtReynolds, P. J.
This action, instituted before a justice of the peace to recover commissions on the sale of land, being determined there against plaintiff, was appealed to the circuit court, where on a trial de novo before the court and a jury, a verdict was again returned in fhvor of defendant, judgment following, from which plaintiff, filing his motion for a new trial and saving exceptions to that being overruled, has duly perfected appeal to this court.
The verdict is challenged by the learned counsel for appellant as unsupported by the evidence, and further that the evidence introduced at the trial did…
2Cases cited1 opinion
- Dalton v. RedemeyerMissouri Court of Appeals · 1910