Palmer v. Elsberry
Missouri Court of Appeals
Appeal from the Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. There was evidence of a valid sale and the court erred in taking the case from the jury and directing a verdict for the defendant. Charles v. Patch, 87 Mo. 450, 463; Wilson v. Board of Education, 63 Mo. 137; Berry v. Mo'. Pac. E’y Co., 124 Mo. 223, 244; Yorgeli v. Marble & Granite Co., 56 Mo.
Read the full summary
Appeal from the Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. There was evidence of a valid sale and the court erred in taking the case from the jury and directing a verdict for the defendant. Charles v. Patch, 87 Mo. 450, 463; Wilson v. Board of Education, 63 Mo. 137; Berry v. Mo'. Pac. E’y Co., 124 Mo. 223, 244; Yorgeli v. Marble & Granite Co., 56 Mo. App. 678; Twohey v. Eruin, 96 Mo. 104. . Delivery under a verbal contract of sale passes the title to personal property. Gatzwoiler v. Morgner, 51 Mo. 47; Boot &‘Shoe Co. v. Bain, 46 Mo. App. 581; Dyer v. Balsley, 40 Mo. App. 559. No…
1Opinion of the CourtBland, P. J.
Plaintiff began this ■ suit before a justice of the peace. The action is in replevin for the recovery of two hundred loads of ice stored in an ice house of the defendant in the town of Elsberry and for $50 damages. The cause was- appealed to the circuit court, where on trial de novo after the plaintiff had introduced all of his evidence the court at the instance of defendant gave an instruction that plaintiff was not entitled to recover. After the giving of this instruction defendant introduced evidence of the value of the ice taken and retained by plaintiff under the writ and recovered of…
2Cases cited1 opinion
- State v. DurantMissouri Court of Appeals · 1897