Missouri Real Estate Syndicate v. Sims
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. Neville. Judge. (1) The petition does not set forth a cause of action, .in that it states the damages claimed and sustained, was the amount of the difference' between the value of the property and the incumbrance upon it. States no other matter of damages and tenders no other issue. Upon the facts stated, plaintiff was not entitled to damages measured in that way.
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Appeal from Greene Circuit Court. — Hon. James T. Neville. Judge. (1) The petition does not set forth a cause of action, .in that it states the damages claimed and sustained, was the amount of the difference' between the value of the property and the incumbrance upon it. States no other matter of damages and tenders no other issue. Upon the facts stated, plaintiff was not entitled to damages measured in that way. Miltenberger v. Morrison, 39 Mo. 78; Rush v. Brown, 101 Mo. 586. (2) The contract offered in evidence is with John-Coombs only, and not with Helen Coombs — her name though signed to…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Under the ruling of the Supreme Court in this case (179 Mo. 679) the court properly refused defendant’s peremptory instruction to find for him, as the petition stated a good cause of action, and the evidence clearly entitled plaintiff to recover at least nominal damages, if nothing more.
2. The second refused instruction would have limited plaintiff’s recovery to the net value of the rents from *166the date of the sale by the trustee (when defendant took possession) to January 15,1902, when the note and deed of trust would have matured. Under the instructions given…
2Cases cited1 opinion
- Missouri Real Estate Syndicate v. SimsSupreme Court of Missouri · 1904
3Cited by11 opinions
- Edwards v. SmithSupreme Court of Missouri · 1959
- Spires v. LawlessMissouri Court of Appeals · 1973
- Peterson v. Kansas City Life InsuranceSupreme Court of Missouri · 1936
- Guay v. Brotherhood Building Ass'nSupreme Court of New Hampshire · 1935
- Medlock v. Farmers State Bank of Texas CountyMissouri Court of Appeals · 1985
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