St. Paul Machinery Manufacturing Co. v. Henry Gaus & Sons Manufacturing Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of .St Louis. • , —Hon. Thomas C. Hennings, Judge. In cases of breach of contract or of injury to property which has fixed standards of value, where the evidence is uncontradicted, the jury- has no right to find a lower value than the evidence showed, but in case they do find a lower value the court should set aside the verdict.
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Appeal from the Circuit Court of the City of .St Louis. • , —Hon. Thomas C. Hennings, Judge. In cases of breach of contract or of injury to property which has fixed standards of value, where the evidence is uncontradicted, the jury- has no right to find a lower value than the evidence showed, but in case they do find a lower value the court should set aside the verdict. Fischer v. St. Louis, 189 Mo. 567; Leahy v. Davis, 121 Mo. 227; Pritchett v. Hewitt, 91 Mo.- 547; Watson v. Harmon, 85 Mo. 443; Morris v. Railroad, 136 Mo. App. 393; Edwards v. Mo. Pac. Ry. Co., 82 Mo. App. 478. (1) A party…
1Opinion of the CourtReynolds, P. J.
This is an action to recover the value of certain machinery originally leased by plaintiff’s predecessor to the defendant, destroyed after the termination of the lease and after notice by plaintiff to return the same in accordance with the provisions of the lease. The petition setting out that the machinery had been leased to defendant, that the lease had been terminated, that defendant had failed to return the machinery to plaintiff, as provided by the lease, judgment is prayed in the sum of $2000, alleged to have been the value of the machinery.
*418The answer admitted the execution of the lease…
2Cases cited9 opinions
- Cole v. ArmourSupreme Court of Missouri · 1900
- Watson v. HarmonSupreme Court of Missouri · 1885
- Fischer v. City of St. LouisSupreme Court of Missouri · 1905
- Weisels-Gerhardt Real Estate Co. v. Pemberton Investment Co.Missouri Court of Appeals · 1910
- Witty v. SalingMissouri Court of Appeals · 1913
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3Cited by4 opinions
- Busse v. WhiteSupreme Court of Missouri · 1924
- Shoemaker v. JohnsonMissouri Court of Appeals · 1918
- Abbey v. AltheimerMissouri Court of Appeals · 1924
- Liebstadter v. BrooksMissouri Court of Appeals · 1967