Hanly v. Street
Missouri Court of Appeals
Appeal from Jackson Circnit Court. — Eon. Thos. JSeehorn, Judge. (1) The introduction of any evidence tending-to show more than nominal damages was error for the reason that the petition does not state a cause of action for more than nominal damages. (2) Error in giving instruction number 1 asked for by the respondent because it ignores and excludes the issue and theory of the appellant offered as a defense to-this action.
Read the full summary
Appeal from Jackson Circnit Court. — Eon. Thos. JSeehorn, Judge. (1) The introduction of any evidence tending-to show more than nominal damages was error for the reason that the petition does not state a cause of action for more than nominal damages. (2) Error in giving instruction number 1 asked for by the respondent because it ignores and excludes the issue and theory of the appellant offered as a defense to-this action. Garrett v. Railroad, 139 S. W. 252; Collins v. Tootle, 137 S. W. 273; Brownlow v. Woolard, 66 Mo. App. 636; Chappell v. Allen, 38 Mo. 213; 38-Cyc. 1632. (3) Error in…
1Opinion of the CourtEllison, J.
Plaintiff brought this action before a justice of the peace for damages. On appeal to the circuit court he recovered judgment for $100.90.
The evidence in plaintiff’s behalf, together with conceded facts, tended to show that defendant was the owner of a building on Main street, in 'Kansas City, Missouri, which he sold and conveyed to one Brown. That notwithstanding he .had sold the property, he *596represented to plaintiff that he owned it and made a verbal lease to him of three rooms on the second floor, for one year for $480, at the rate of forty dollars per month, and authorized him to have the…
2Cases cited1 opinion
- Long v. WheelerMissouri Court of Appeals · 1900