Legal Opinion

Broderick v. Hartman

Missouri Court of Appeals

Decided January 24, 1910PublishedCited by 1 opinion

Appeal from Vernon Circuit Court. — Eon. B. G. Thurman, Judge. (1) In passing on a demurrer to tbe evidence, the testimony of plaintiff and bis witnesses is to be taken as true; and further, plaintiff is entitled to every reasonable and favorable inference of fact properly deducible therefrom. Forbes v. Dunnavant, 199 Mo. 193. (2) Every wrongful breach of contract carries with it the right to at least nominal damages. Fulkerson v. Eads, 19 Mo.

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Appeal from Vernon Circuit Court. — Eon. B. G. Thurman, Judge. (1) In passing on a demurrer to tbe evidence, the testimony of plaintiff and bis witnesses is to be taken as true; and further, plaintiff is entitled to every reasonable and favorable inference of fact properly deducible therefrom. Forbes v. Dunnavant, 199 Mo. 193. (2) Every wrongful breach of contract carries with it the right to at least nominal damages. Fulkerson v. Eads, 19 Mo. App. 620. (3) A demurrer to the evidence cannot be sustained if the proof shows plaintiff entitled to nominal damages. Owen v. O’Reilly, 20 Mo. 603.…

1Opinion of the CourtBroaddus, P. J.

This suit was begun in a justice’s court where it was tried and judgment had, and appealed to the circuit court. In the circuit court plaintiff amended his petition.

There áre three counts in the amended petition. In the first it is alleged that on or about the 17th day of October, 1907, plaintiff purchased from defendant twenty tons of prairie hay located in a barn on the Reem’s farm, at the price of |7:50 per ton; that he bought it by sample which was first-class hay and that defendant represented that the said twenty tons was of the same kind and quality; and that relying upon the…

2Cases cited3 opinions

  1. McCormick v. Interstate Consolidated Rapid Transit Railway Co.Supreme Court of Missouri · 1900
  2. Wonderly v. ChristianMissouri Court of Appeals · 1901
  3. Worden v. HoustonMissouri Court of Appeals · 1902

3Cited by1 opinion

  1. Big Four Implement Co. v. ChesneyMissouri Court of Appeals · 1920

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