Creamery Package Manufacturing Co. v. Sharples Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. James Qibr son, Judge. (1) It is apparent from the record that the sole defense to defendant’s counterclaim was that the contract of January 10, 1899, was abandoned by the parties. That was the defense set up in the amended reply, and that was the only substantial defense to the counterclaim.
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Appeal from Jackson Circuit Court. — How. James Qibr son, Judge. (1) It is apparent from the record that the sole defense to defendant’s counterclaim was that the contract of January 10, 1899, was abandoned by the parties. That was the defense set up in the amended reply, and that was the only substantial defense to the counterclaim. (2) Now, unless there is some evidence to show that the contract of January 10, 1899, was abandoned by the parties, then it follows that the court erred in submitting the question of abandonment to the jury. The court committed no error in submitting to the jury…
1Opinion of the CourtEllison, J.
Plaintiff’s action is on an account for $435.38. Defendant set up damages by way of counterclaim. The judgment in the trial court was for the plaintiff.
It appears that on January 10, 1899, plaintiff and defendant entered into a written contract, and on the same day a supplemental contract, whereby plaintiff was to sell to defendant at certain prices a large lot of butter tubs. Defendant claims a breach of such contract by plaintiff whereby it was damaged and for which damage it set up the counterclaim aforesaid. Plaintiff admitted the contract with defendant but by reply set up-that it had…
2Cases cited3 opinions
- Chouteau v. Jupiter Iron WorksSupreme Court of Missouri · 1887
- Seligman v. RogersSupreme Court of Missouri · 1893
- Fine v. RogersSupreme Court of Missouri · 1851
3Cited by4 opinions
- Porter v. JohnsonMissouri Court of Appeals · 1938
- Mortensen v. Frederickson Bros.Supreme Court of Iowa · 1921
- People's Finance Corp. v. BucknerSupreme Court of Missouri · 1939
- Sheetz v. PriceMissouri Court of Appeals · 1911