F. W. Brockman Commission Co. v. Aaron
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The best evidence of market value is tbe price realized in actual, open, sales, and “quotations” made by a committee of an exchange which are materially loAver than such actual prices are not evidence of market value. 16 Cyc. .143; 19 Cyc. 1153; 26 Cyc. 819; Parlin & Orendorff Co. v. Boatman, 89 Mo. App. 48; Commission Co. v. Railroad, 64 Mo. App. 593; Fountain v. Railroad, 114 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The best evidence of market value is tbe price realized in actual, open, sales, and “quotations” made by a committee of an exchange which are materially loAver than such actual prices are not evidence of market value. 16 Cyc. .143; 19 Cyc. 1153; 26 Cyc. 819; Parlin & Orendorff Co. v. Boatman, 89 Mo. App. 48; Commission Co. v. Railroad, 64 Mo. App. 593; Fountain v. Railroad, 114 Mo. App. 683; Henderson v. Railroad, 126 Mo. App. 612; Meriwether v. Railroad, 128 Mo: App. 666; Brandom v. Railroad, 154 Mo. App. 94; Bank v. New…
1Opinion of the CourtJohnson, J.
Action for breach of contract. The answer is a general denial. A trial to a jury resulted in a yerdict and judgment for plaintiff in the sum of $341.55, but being dissatisfied with the amount of the yerdict, plaintiff brought the case here by appeal. Defendant is satisfied and did not appeal.
Plaintiff complains of errors committed by the court in the rulings on evidence and on the instructions and further contends that the yerdict must have been the product of a compromise among the jurors since the amount of the damages allowed is without any evidentiary support. The parties to the…
2Cases cited7 opinions
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Norfolk & Western Railway Co. v. Reeves & McNeilSupreme Court of Virginia · 1899
- Peters v. BerkemeierMissouri Court of Appeals · 1908
- Johnson-Brinkman Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1896
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
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3Cited by5 opinions
- Kirst v. Clarkson Construction CompanyMissouri Court of Appeals · 1965
- Houston Packing Co. v. GriffithCourt of Appeals of Texas · 1914
- Valiotis v. Utah-Apex Mining Co.Utah Supreme Court · 1919
- Louisville Soap Co. v. TaylorCourt of Appeals for the Sixth Circuit · 1922
- City of Ft. Worth v. BurgessCourt of Appeals of Texas · 1916