Moore v. Mountcastle
Supreme Court of Missouri
Appeal from Gass Circuit Court. — Hon. Noah M. Givan, Judge. The court erred in admitting the evidence objected to by the defendant. The petition contains an averment of genera] damages only, and no averment of loss of time or expenditure of money in travel or board by plaintiff. 1 Chitty Plead., (13 Am.
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Appeal from Gass Circuit Court. — Hon. Noah M. Givan, Judge. The court erred in admitting the evidence objected to by the defendant. The petition contains an averment of genera] damages only, and no averment of loss of time or expenditure of money in travel or board by plaintiff. 1 Chitty Plead., (13 Am. Ed.) 338, 339 ; Ib./395, 396 ; Sedgwick Dam., (5 Ed.) 67, 68; lb., chap. 24, p. 574 575, et seq; JDe'Forest v. Leete, 16 Johns. 122; JRyerson v. Marseillis, 16 N. J. L. (1 Ilarr.) 450; Squier v. Gould, 14 Wend. 159; Rowand v. Bellinger, 3 Strobh. 373; Woodworth v. Woodburn, 20 111. 184;…
1Opinion of the CourtHenry, J.
It is alleged in the petition that plaintiff and defendant, in the eastern part of the state of Tennessee, in the month of January, 1871, entered into a contract, by the terms of which plaintiff agreed to come to Cass county, Missouri, and improve and cultivate lands of defendant in said county, for the space of five years, or as long as they could agree; that defendant agreed to furnish plenty of money with which to improve said lands and buy agricultural implements, wagons, teams, farm machinery and stock to improve and cultivate such lands, and to give plaintiff one-half of all that could…
2Cited by11 opinions
- Ramsey v. WahlTexas Commission of Appeals · 1921
- Sloan v. ParamoreMissouri Court of Appeals · 1914
- McLean v. News Publishing Co.North Dakota Supreme Court · 1910
- Rench v. Hayes Equipment Manufacturing Co.Supreme Court of Kansas · 1932
- Corrigan & Waters v. BradyMissouri Court of Appeals · 1890
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