Henson v. Hampton
Supreme Court of Missouri
Error to Camden Circuit Court. I. The instruction given to the jury by the court below, at the instance of the plaintiff, is manifestly erroneous. A party cannot abandon at will and pleasure any contract or agreement entered into for rowing or navigating any boat or vessel on the navigable waters in this State, but must specifically perform the same, according to the intent and meaning of sucb contract or agreement.
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Error to Camden Circuit Court. I. The instruction given to the jury by the court below, at the instance of the plaintiff, is manifestly erroneous. A party cannot abandon at will and pleasure any contract or agreement entered into for rowing or navigating any boat or vessel on the navigable waters in this State, but must specifically perform the same, according to the intent and meaning of sucb contract or agreement. (R. C. 1855, vol. 1, p. 299, § 1.) The plaintiff’s contract with defendant was for a particular service, which the plaintiff failed to perform without being-hindered and prevented…
1Opinion of the CourtDryden, Judge
Henson sued Hampton before a justice of the peace to recover the value of fourteen days’ work and labor performed by the former for the latter, on board of a flatboat, during a certain voyage on the Osage river. Henson recovered a judgment before the justice, from which Hampton appealed to the Circuit Court, where a new trial was had, which resulted as below. On the trial in the Circuit Court, the evidence tended to show that the work and labor for which the *410recovery was sought, although done, was performed under a special agreement between the parties, by which Henson was to serve Hampton…
2Cases cited3 opinions
- Posey v. GarthSupreme Court of Missouri · 1841
- Schnerr v. LempSupreme Court of Missouri · 1853
- Barley v. CannonSupreme Court of Missouri · 1853
3Cited by4 opinions
- Earp v. TylerSupreme Court of Missouri · 1881
- Gruetzner v. Aude Furniture Co.Missouri Court of Appeals · 1887
- Banse v. TateMissouri Court of Appeals · 1895
- Lindner v. Cape Brewery & Ice Co.Missouri Court of Appeals · 1908