Leicher v. Keeney
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Ho». Geo. F. Longan, Judge. (1) The court eired in refusing the instruction asked by defendent at the close of plaintiff’s evidence in the nature of a demurrer to plaintiff’s evidence, and also erred in refusing the peremptory instruction asked by the defendant at the close of all the evidence, for the reason that the written contract in this case is plain and free from ambiguity and uncertainty.
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Appeal from Pettis Circuit Court. — Ho». Geo. F. Longan, Judge. (1) The court eired in refusing the instruction asked by defendent at the close of plaintiff’s evidence in the nature of a demurrer to plaintiff’s evidence, and also erred in refusing the peremptory instruction asked by the defendant at the close of all the evidence, for the reason that the written contract in this case is plain and free from ambiguity and uncertainty. (2) It is the well-settled law that the only fraud permissible to he proved at law in these cases is fraud touching the execution of the instrument, such as…
1Opinion of the CourtJohnson, J.
— -This is the second appeal in this case. The opinion of this court on the former appeal is reported in 98 Mo. App. 394. Plaintiff was there the appellant. He had been compelled to take a non-suit because of an adverse ruling of the learned trial judge upon the admission of evidence based upon the view that the allegations of the petition failed to state a cause of action. We reversed and remanded the cause for a new trial. A second trial resulted in a judgment for plaintiff, and defendant appealed.
The petition is in two counts. We held the second count stated a cause of action. At the…
2Cases cited11 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Bird v. SellersSupreme Court of Missouri · 1894
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3Cited by6 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Roth v. City of St. JosephMissouri Court of Appeals · 1914
- City of St. Joseph ex rel. Zeilda v. BakerMissouri Court of Appeals · 1905
- Dunn v. NicholsonMissouri Court of Appeals · 1907
- Bank of Corning v. Consolidated School District No. 6Missouri Court of Appeals · 1932
1 more not listed; retrieve them via the Exa API.