City of Lancaster v. Briggs & Melvin
Missouri Court of Appeals
Appeal from Schuyler Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) The court erred in excluding evidence offered by plaintiff of the defendants’ receipts in excess of the receipts reported by them. (2.) The court erred in excluding evidence offered by plaintiff of defendants’ receipts for tolls and charges in addition to receipts for rent of defendants’ telephones. (3) The contract is explicit that defendants are to pay two per cent of their gross receipts.
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Appeal from Schuyler Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) The court erred in excluding evidence offered by plaintiff of the defendants’ receipts in excess of the receipts reported by them. (2.) The court erred in excluding evidence offered by plaintiff of defendants’ receipts for tolls and charges in addition to receipts for rent of defendants’ telephones. (3) The contract is explicit that defendants are to pay two per cent of their gross receipts. The court, therefore erred in limiting the evidence to rentals received from telephones. Plattsburg v. Telephone Co., 88 Mr. App;…
1Opinion of the Court
JOHNSON, J.^ —
Plaintiff, a city of the fourth class, brought this action to recover two per cent of the gross receipts derived by defendants from the operation of a telephone exchange in the city during the period beginning June, 1, 1900, and ending January 1, 1905. A de*573murrer to plaintiff’s evidence was sustained and plaintiff appealed.
The right of plaintiff to receive two percent of the gross receipts of the exchange during the period mentioned is predicated upon an ordinance of the city, which it is alleged in the petition and shown in proof was approved December 17,1898, and which it is…
2Cases cited5 opinions
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Schopp v. City of St. LouisSupreme Court of Missouri · 1893
- City of Plattsburg v. Peoples' Telephone Co.Missouri Court of Appeals · 1901
- City of California v. Bunceton Telephone Co.Missouri Court of Appeals · 1905
3Cited by8 opinions
- Wilhoit v. City of SpringfieldMissouri Court of Appeals · 1943
- State v. Railway Express Agency, Inc.Supreme Court of Minnesota · 1941
- City of Mitchell v. Dakota Central Telephone Co.South Dakota Supreme Court · 1910
- Taylor v. RosenthalCourt of Appeals of Kentucky (pre-1976) · 1948
- Nashville Gas & Heating Co. v. City of NashvilleTennessee Supreme Court · 1941
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