Dempsey v. Wells
Missouri Court of Appeals
Appeal from Pike Circuit Court.— Hon. David H. Eby, Judge. The court erred in giving instruction at the instance of defendant. Kostuba v. Miller, 137 Mo. 161, 38 S. W. 946; Long v. Martin, 152 Mo. 668, 54 S. W. 473; Farley v. Stroeh, 68 Mo. App. 85; Kennedy v. Transit Co., 103 Mo. App. 9, 78 S. W. 77; Chitty v. Railroad, 148 Mo. 78, 49 S. W. 868. STATEMENT.
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Appeal from Pike Circuit Court.— Hon. David H. Eby, Judge. The court erred in giving instruction at the instance of defendant. Kostuba v. Miller, 137 Mo. 161, 38 S. W. 946; Long v. Martin, 152 Mo. 668, 54 S. W. 473; Farley v. Stroeh, 68 Mo. App. 85; Kennedy v. Transit Co., 103 Mo. App. 9, 78 S. W. 77; Chitty v. Railroad, 148 Mo. 78, 49 S. W. 868. STATEMENT. The plaintiff, an attorney at law, instituted this action to recover the reasonable value of legal services rendered to the defendant at different dates from 1886 to 1901, inclusive. The defendant’s husband, James R; Wells, became heavily…
1Opinion of the CourtGoode, J.
(after stating the facts). — The court gave all the instructions requested by both parties and plaintiff complains of those given at the instance of the ■defendant. The contract declared on was express in •all its terms, except the amount of compensation which •the plaintiff was to receive. His testimony is in accord with the petition in this regard. He alleged in his petition and testified in person that he was employed by the defendant to look after her interests and that she promised to pay him for his services at the end of ten years when the title to the land formerly belonging to her…
2Cases cited1 opinion
- Hayes v. BunchMissouri Court of Appeals · 1902