Stewart v. Goodrich
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. The evidence was properly admitted under the pleadings, and the instructions based thereon should have been given. — Gorby v. Weddle, 57 Mo. 452 ; Schermerhorn v. Van Allen, 18 Barb. 29 ; Greenway v-. James, 34 Mo. 327. Under a general denial, only such questions of fact can be tried as are raised by the contradiction of the material allegations of the plaintiff's petition.— Northrup v. Insurance Go., 47 Mo. 435 ; Benedict…
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Appeal from the St. Louis Circuit Court, Thayer, J. The evidence was properly admitted under the pleadings, and the instructions based thereon should have been given. — Gorby v. Weddle, 57 Mo. 452 ; Schermerhorn v. Van Allen, 18 Barb. 29 ; Greenway v-. James, 34 Mo. 327. Under a general denial, only such questions of fact can be tried as are raised by the contradiction of the material allegations of the plaintiff's petition.— Northrup v. Insurance Go., 47 Mo. 435 ; Benedict v. Seymour, 6 How. Pr. 298. It is no error for a trial court to refuse instructions not based upon issues made by the…
1Opinion of the CourtBakewell, J.
The petition alleges that plaintiff is an architect, and that at the request of defendant he prepared designs and specifications for ten houses, the reasonable value of which services was $350. The answer is a general denial. On the trial, plaintiff introduced evidence tending to prove the allegations of the petition, and defendant introduced evidence tending to show that the agreement between plaintiff and defendant was, that the plaintiff was to be paid a percentage on the cost of erecting the houses, if they were built; that it was understood at the time that the houses might not be'…
2Cases cited2 opinions
- Greenway v. JamesSupreme Court of Missouri · 1864
- Cavender v. WaddinghamMissouri Court of Appeals · 1876
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- Von Trebra v. Laclede Gaslight Co.Supreme Court of Missouri · 1908
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Bowman v. RahmoellerSupreme Court of Missouri · 1932
- Mott v. BaxterSupreme Court of Colorado · 1902
- Madison v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
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