Joyner v. Bentley
Missouri Court of Appeals
Appeal from Dallas Circuit Court, Hon. Ben. V. Alton, Judge. Statement of case by the court. This suit was begun before a justice of the peace for the recovery of damages on account of the sale of diseased hogs by defendant to plaintiff. At the time of the service of the summons upon him, the defendant paid to the constable, who made said service, all costs-then accrued, together with thirteen dollars, directing, the constable to pay the same to the plaintiff.
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Appeal from Dallas Circuit Court, Hon. Ben. V. Alton, Judge. Statement of case by the court. This suit was begun before a justice of the peace for the recovery of damages on account of the sale of diseased hogs by defendant to plaintiff. At the time of the service of the summons upon him, the defendant paid to the constable, who made said service, all costs-then accrued, together with thirteen dollars, directing, the constable to pay the same to the plaintiff. The-plaintiff refused to accept the sum of thirteen dollars-thus paid to the constable. Upon a trial before the justice the defendant…
1Opinion of the CourtHall, J.
— The question in this case is, did the defendant have the right to make a tender in this case, a. case of tort for unliquidated damages ?
At common law a tender could be made and pleaded #here the demand was in the nature of a- debt, when ,the sum was either certain or capable of being made-certain by mere computation; but it was not allowed *28.when the action was for unliquidated damages, the amount of which was to be determined by the exercise of discretion by a jury. Sedgwick on the Measure of Damages, 580. Whether the defendant had or had not the right to make the tender in this case is…
2Cases cited3 opinions
- Hart v. SkinnerSupreme Court of Vermont · 1844
- Green v. ShurtliffSupreme Court of Vermont · 1847
- Gregory v. WellsIllinois Supreme Court · 1871
3Cited by3 opinions
- Wells v. Missouri-Edison Electric Co.Missouri Court of Appeals · 1904
- Lieurance v. McComasMissouri Court of Appeals · 1894
- Atkins v. OstMissouri Court of Appeals · 1905