Turney v. Baker
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Instruction No. 4, given by the court at the instance of the plaintiff, which concluded by instructing the jury to find for the plaintiff upon the facts therein stated, and which wholly ignored the defense, was error. Carder v. Primm, 60 Mo. App. 423; Linn v. Massillion, 78 Mo. App. Ill; Orscheln v. Scott, 79 Mo. App. 534; Desnoyer v. Lisman, 85 Mo.
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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Instruction No. 4, given by the court at the instance of the plaintiff, which concluded by instructing the jury to find for the plaintiff upon the facts therein stated, and which wholly ignored the defense, was error. Carder v. Primm, 60 Mo. App. 423; Linn v. Massillion, 78 Mo. App. Ill; Orscheln v. Scott, 79 Mo. App. 534; Desnoyer v. Lisman, 85 Mo. App. 340. (2) The case was submitted to the jury under the instructions upon a theory which permitted the jury to wholly ignore the defense made by the defendant, and was an unfair…
1Opinion of the CourtSmith, P. J.
— The plaintiff in his petition alleged that he was an architect engaged in the practice of his profession and “that defendant employed him to assist in making a suitable selection and purchase of real estate in Kansas City on which to erect improvements and to inspect and examine buildings in said- city and elsewhere to determine the character of the proposed buildings and to pay his expenses in so doing; to devise and prepare plans and specifications for such contemplated buildings and to superintend the construction thereof; that in pursuance of his employment by defendant as aforesaid,…
2Cases cited4 opinions
- Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
- Bryant v. RussellSupreme Court of Missouri · 1895
- Holzbauer v. HeineSupreme Court of Missouri · 1866
- Kinney v. MillerSupreme Court of Missouri · 1857
3Cited by6 opinions
- Rehm v. FishmanMissouri Court of Appeals · 1965
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Payne v. PayneMissouri Court of Appeals · 1985
- Lindsey v. NagelMissouri Court of Appeals · 1911
- Cooper v. BolinSupreme Court of Missouri · 1968
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