Southern Real Estate & Financial Co. v. Bankers Surety Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court — Hon. Charles B. Davis, Judge. (1) The instructions of the court prescribed the rule for measuring the damages in this cause, by which the jury must be guided in arriving at its verdict. The award not being warranted by the rule therein laid down is such evidence of prejudice or mistake as renders it the duty of the court to set aside the verdict. R. S. 1909, sec. 2022; Baylies on New Trials, p. 505; Morris v. Railroad, 136 Mo.
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Appeal from St. Louis City Circuit Court — Hon. Charles B. Davis, Judge. (1) The instructions of the court prescribed the rule for measuring the damages in this cause, by which the jury must be guided in arriving at its verdict. The award not being warranted by the rule therein laid down is such evidence of prejudice or mistake as renders it the duty of the court to set aside the verdict. R. S. 1909, sec. 2022; Baylies on New Trials, p. 505; Morris v. Railroad, 136 Mo. App. 393; Fischer v. St. Louis, 189 Mo. 579; Watson v. Harmon, 85 Mo. 443; Fury v. Merriman, 45 Mo. 500; Pritchard v. Hewitt,…
1Opinion of the CourtWoodson, J.
This is tbe second time tbis case has reached tbis court. Tbe opinion written on tbe former appeal is reported in tbe 184 S. W. 1030, which reversed and remanded tbe cause for another trial.
Tbe facts are practically undisputed, but tbe contest centers around two legal propositions, which will be presently stated.
When tbe mandate of tbis court reached tbe circuit court the plaintiff filed an amended petition, setting up tbe building contract entered into between tbe plaintiff and tbe E. H. Abadie Company, a contractor, whereby tbe latter undertook “to provide all of tbe *187materials and perform…
2Cases cited23 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Gregory v. ChambersSupreme Court of Missouri · 1883
- McDonald v. . WalterNew York Court of Appeals · 1869
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Westerhold v. CarrollSupreme Court of Missouri · 1967
- Myers v. Union Electric Light & Power Co.Supreme Court of Missouri · 1933
- Corporation of President of Church of Jesus Christ of Latter-Day Saints v. Hartford Accident & Indemnity Co.Utah Supreme Court · 1939
- Fuqua v. Tulsa Masonic Bldg. Ass'nSupreme Court of Oklahoma · 1928
- Waldon v. Maryland Casualty Co.Supreme Court of Georgia · 1923
2 more not listed; retrieve them via the Exa API.