Daugherty v. Robert Burgess & Son
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon, Joshua W. Alexander, Judge. (1) It is error to sustain a demurrer to the evidence where there is any evidence, whether offered by plaintiff or defendant, which tends to support the allegations of the petition. (2) And plaintiffs are entitled to the benefit of all the facts before the court, as well as the most favorable inferences to be drawn therefrom.
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Appeal from Livingston Circuit Court. — Hon, Joshua W. Alexander, Judge. (1) It is error to sustain a demurrer to the evidence where there is any evidence, whether offered by plaintiff or defendant, which tends to support the allegations of the petition. (2) And plaintiffs are entitled to the benefit of all the facts before the court, as well as the most favorable inferences to be drawn therefrom. Pope v. Cable Co., 99 Mo. 100; St. Louis v. Railway, 111 Mo. 13. (3) Agency may be established by facts and circumstances, by the course of business of the alleged principal and agent, or by the…
1Opinion of the Court
BROADDUS, P. J. —
This is a suit brought by the appellants, Amos Daugherty et al. against Eobert Burgess and Charles Burgess, partners doing business under the firm name of Eobert Burgess and Son, and one C. H. Dixon, to recover damages for the alleged breach of the warranties in the sale of a stallion. The cause was tried at the May term, 1905, of the circuit court of Livingston county, Missouri, before the court and a jury. At the close of all the evidence the court, over the objection of plaintiffs, sustained a demurrer to the evidence, as to Eobert Burgess and Charles Burgess, but…
2Cases cited5 opinions
- Rainey v. SmizerSupreme Court of Missouri · 1859
- Davis & Rankin v. HendrixMissouri Court of Appeals · 1894
- Dewey v. CareySupreme Court of Missouri · 1875
- Akins v. HicksMissouri Court of Appeals · 1904
- Alexander v. WadeMissouri Court of Appeals · 1904
3Cited by1 opinion
- Anderson v. Middle States Utilities Co.Missouri Court of Appeals · 1936