Link v. Vaughn
Supreme Court of Missouri
Appeal from Franklin Circuit Court. The proof established a different cause of action from that alleged in the petition, and therefore the plaintiff could not recover. Butcher v. Death & Teasdale, 15 Mo. Rep. 271.
1Opinion of the CourtGamble, Judge
1. The only question in this case is, whether the court erred in declaring that the evidence given by the plaintiff did not apply to or sustain the cause of action set out in the petition. The petition is for one hundred and ten bushels of wheat and for one and a half acres of meadow, received by the defendant from the plaintiff, and is accompanied by an account in which the defendant is made debtor to the plaintiff for the wheat at sixty-two and a half cents per bushel, and for the meadow at twenty dollars. The evidence offered consisted of a deed from the defendant to the plaintiff for a…
2Cited by16 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Clements v. YeatesSupreme Court of Missouri · 1879
- Boone v. StoverSupreme Court of Missouri · 1877
- Bircher v. BoemlerSupreme Court of Missouri · 1907
- Lumbert & Co. v. PalmerSupreme Court of Iowa · 1870
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