Legal Opinion

Abbott v. Fidelity Trust Co.

Missouri Court of Appeals

Decided July 9, 1910PublishedCited by 1 opinion

Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) The court erred in giving instruction No. 1 for plaintiff. Biurnes v. Bangert, 16 Mo. App. 22; Mc-Farran v. Kinney, 22 Mo. App. 554; McClain v. Abshire, 68 Mo. App. 339. (2) The court erred in giving instruction No. 2 for plaintiff. Burnes v. Bangert, supra; McFarran v. Kinney, supra. (3) The court erred in giving instruction No. 3 for plaintiff.

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Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) The court erred in giving instruction No. 1 for plaintiff. Biurnes v. Bangert, 16 Mo. App. 22; Mc-Farran v. Kinney, 22 Mo. App. 554; McClain v. Abshire, 68 Mo. App. 339. (2) The court erred in giving instruction No. 2 for plaintiff. Burnes v. Bangert, supra; McFarran v. Kinney, supra. (3) The court erred in giving instruction No. 3 for plaintiff. (4) The court erred in refusing instruction No. 1 offered by defendant. (5) The court erred in refusing to allow plaintiff to testify to ownership of property alleged to have been…

1Opinion of the CourtJohnson, J.

This is a suit for damages resulting from the breach by the lessor of the covenants of a lease. Plaintiff, a married woman whose family consisted of her husband and herself, entered into a written contract with, defendant by the terms of which she became the lessee of a flat on the second floor of a two-story apartment house owned by defendant in Kansas City. Shortly after plaintiff and her husband began occupying the flat as their residence, defendant, without their consent, added another story to the building and, in the construction thereof, the household goods and wearing apparel of…

2Cases cited5 opinions

  1. Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
  2. Crook v. TullSupreme Court of Missouri · 1892
  3. Grimes v. ReynoldsSupreme Court of Missouri · 1904
  4. Schooler v. SchoolerMissouri Court of Appeals · 1885
  5. Ryan v. BradburyMissouri Court of Appeals · 1901

3Cited by1 opinion

  1. Aylor v. AylorMissouri Court of Appeals · 1914

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