Denny v. Kile
Supreme Court of Missouri
•Appeal from Saline Circuit Court. The Circuit Court erred in permitting the defendants to give to the jury irreleyant and illegal testimony, particularly with reference to the unfitness and defects of the horse power furnished them by the- plaintiff. 1 Saund. 820, note 4, and other notes therein referred to. 2 Bailey’s Rep. 82-4, Hice v. Sims and Worthy. Campbell v. Jones, 6 T. R. 573. 1 H. Black. 273. Doug. Rep. 471. 3 Penn. Rep. Shaw v. Turnpike Co. p. 445. 2 Penn.
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•Appeal from Saline Circuit Court. The Circuit Court erred in permitting the defendants to give to the jury irreleyant and illegal testimony, particularly with reference to the unfitness and defects of the horse power furnished them by the- plaintiff. 1 Saund. 820, note 4, and other notes therein referred to. 2 Bailey’s Rep. 82-4, Hice v. Sims and Worthy. Campbell v. Jones, 6 T. R. 573. 1 H. Black. 273. Doug. Rep. 471. 3 Penn. Rep. Shaw v. Turnpike Co. p. 445. 2 Penn. Rep. 461. Story on Contracts. 1. If the contract was obtained from the defendants by fraud, it was yoid. 2. The obligation of…
1Opinion of the CourtGamble, Judge
This was an action of assumpsit by Denny, the appellant, against G. and J. Kile, in the Saline Circuit Court, upon a written agreement, and was tried on pleas of non assumpsit and set off, at the last November term, when the defendants had a verdict and judgment.
By the agreement, the defendants were to cultivate, on their own, and their father’s farms, one hundred and fifty acres, in broom corn, and deliver the brush, cleaned and baled, ready for shipment, to the plaintiff, at the defendants’ drying house, as fast as it could be prepared — all to be delivered before the 20th of September,…
2Cited by2 opinions
- Cornett v. BestMissouri Court of Appeals · 1910
- Southern Lumber Co. v. Mercantile Lumber & Supply Co.Missouri Court of Appeals · 1901