Smyth v. Boroff
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court.—Ron. Henry C, Riley, Judge, (1) The court erred in refusing appellant a jury to try tbe issues in this case. An issue of fact in an action for the recovery of money only, or of specific real . or personal property, must be tried by a jury, unless a jury trial be waived. R. S. Mo. 1909, sec. 1968; Rand v. Wicksham, 60 Mo.
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Appeal from Pemiscot Circuit Court.—Ron. Henry C, Riley, Judge, (1) The court erred in refusing appellant a jury to try tbe issues in this case. An issue of fact in an action for the recovery of money only, or of specific real . or personal property, must be tried by a jury, unless a jury trial be waived. R. S. Mo. 1909, sec. 1968; Rand v. Wicksham, 60 Mo. App. 47; sec. 28, art. II, Const, of Mo.; Lee v. Conran, 213 Mo. 404; Ragan v. McCoy, 29 Mo. 356; Van Raalte v. Epstein, 202 Mo. 173; Frowin v. Page, 132 S. W. 241. (2) Plaintiff cannot recover for the months after his lease expired and for…
1Opinion of the CourtNortoni, J.
This is a, suit for damages alleged to have accrued to plaintiff because of defendant’s several breaches of a contract. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff formerly owned a stock of merchandise' and conducted a general store in a brick building owned by him at Caruthersville, which stock of merchandise he exchanged to defendant for 809 acres of land, a sawmill, a blacksmith shop, etc., in the State of Arkansas. As the stock of merchandise was not equivalent in value to the properties which plaintiff received from defendant, he also exemited to defendant, as part…
2Cases cited5 opinions
- Clemens v. BroomfieldSupreme Court of Missouri · 1853
- Matheny v. StewartSupreme Court of Missouri · 1891
- Rand, McNally & Co. v. WickhamMissouri Court of Appeals · 1894
- Wheeler v. BallMissouri Court of Appeals · 1887
- Brauckmann v. LeightonMissouri Court of Appeals · 1896
3Cited by1 opinion
- Barger v. HealySupreme Court of Missouri · 1918