McConey v. Wallace
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Hon. M. Gr. Mo. Gregor, Judge. The case and facts are stated in the opinion. I. Until it is shown that the production of the primary evidence is out of the'party’s power, no other proof is, in general, admitted. The existence and execution of the original paper must first be proved, and that it was lost without the party’s fault. 1 Greenl. Evid., sects. 84, 558; 1 Phill. Evid. (5 Am.
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Appeal from Jasper Circuit Court, Hon. M. Gr. Mo. Gregor, Judge. The case and facts are stated in the opinion. I. Until it is shown that the production of the primary evidence is out of the'party’s power, no other proof is, in general, admitted. The existence and execution of the original paper must first be proved, and that it was lost without the party’s fault. 1 Greenl. Evid., sects. 84, 558; 1 Phill. Evid. (5 Am. Ed.) 218; Christy v. Cavanaugh, 45 Mo. 375 ; Blondeau v. Sheridan, 81 Mo. 545. II. Evidence of damage must be certain, and the-damages should not be left to conjecture and…
1Opinion of the CourtPhilips, P. J.
This is an action to enforce a mechanic’s lien for material furnished by plaintiff for the •erection of a brick store house and opera house. The bal.ance claimed by plaintiff is $1,335.55.
Wallace was the contractor, and the other defendants •were the owners. The contract price was $5,500.00, of which the owners paid $4,741.69.
The contract was reduced to writing and signed, and the contractor gave bond, with the plaintiff as one of the ¡sureties, for the faithful performance of the contract. The defendant owners, by way of counter-claim, set up in their answer the foregoing facts, and alleged…
2Cases cited2 opinions
- Shouse v. NeiswaangerMissouri Court of Appeals · 1885
- Forcht v. ShortSupreme Court of Missouri · 1870
3Cited by7 opinions
- Kleimann v. GieselmannSupreme Court of Missouri · 1893
- State v. ShobeMissouri Court of Appeals · 1886
- Truck Insurance Exchange v. Bill Rodekopf Motors, Inc.Missouri Court of Appeals · 1981
- City of Macon v. Fidelity & Deposit Co.Missouri Court of Appeals · 1916
- State v. MillikanMissouri Court of Appeals · 1887
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