Cramer v. Nelson
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Instruction A given by the court of its own motion by using the language “that the defendant did not set over to plaintiff one-half of the corn” intimates that there was an agreement to divide by rows and leads the jury to the conclusion that the rights of the parties are not to be governed by the written contract. Pugh v. Ayers, 47 M'o.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Instruction A given by the court of its own motion by using the language “that the defendant did not set over to plaintiff one-half of the corn” intimates that there was an agreement to divide by rows and leads the jury to the conclusion that the rights of the parties are not to be governed by the written contract. Pugh v. Ayers, 47 M'o. App. 590. (2) In instruction A given, by the court of its own motion it is stated that appellant admitted that he agreed to accept his portion of the rent com piled on the ground. . This…
1Opinion of the CourtJohnson, J.
Action by a landlord against his tenant to recover rent alleged to be due and unpaid. A writ of attachment was sued out in aid of the action and levied on property of defendant. A plea in abatement and answer were filed which put at issue the ground of attachment and the merits of the case. By agreement of parties, the issues tendered by the plea and answer were tried together before a jury. Verdict and judgment were in favor of defendant and plaintiff appealed.
On March 1, 1903, defendant entered into possession of a farm owned by plaintiff situated in the Missouri river bottom in Buchanan…
2Cases cited10 opinions
- Morton v. HeidornSupreme Court of Missouri · 1896
- State v. HeinzeMissouri Court of Appeals · 1891
- Stewart v. OuthwaiteSupreme Court of Missouri · 1897
- Berry v. WilsonSupreme Court of Missouri · 1876
- Clarke v. KitchenSupreme Court of Missouri · 1873
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3Cited by1 opinion
- McMillen v. ElderMissouri Court of Appeals · 1911