Perles & Stone, Inc. v. Childs Co.

This ease was here on another occasion and is reported in 337 Mo. 447, 84 S. W. (2d) 1052, wherein an order granting plaintiff a new trial was affirmed and the cause remanded. On the retrial the defendant again had a verdict, and from the trial court’s order setting the same aside on the specified ground of error in giving to the jury defendant’s Instruction No. 3, the defendant has appealed. Among the many matters of error assigned by the defendant (appellant) the two of greatest importance are, (a) that said instruction was correct and proper and (b) if the instruction was bad the order…