Baker v. J. W. McMurry Contracting Co.
Supreme Court of Missouri
Appeal from-'Jackson Circuit Courts — flow. O. '-A'. Lucas, Judge.;. ■ ".’V (1) Plaintiff’s given Instruction 2 is erroneous, (a) It authorizes a finding for the plaintiff, and yet it does not cover the defendant’s defenses of waiver and estoppel, both of which were set up in defendant’s answer and borne out by the testimony. Hall v. Coal Co., 260 Mo. 367; Thornton v. Mersereau, 168 Mo. App. 9; Beggs v. Shelton, 173 Mo.
Read the full summary
Appeal from-'Jackson Circuit Courts — flow. O. '-A'. Lucas, Judge.;. ■ ".’V (1) Plaintiff’s given Instruction 2 is erroneous, (a) It authorizes a finding for the plaintiff, and yet it does not cover the defendant’s defenses of waiver and estoppel, both of which were set up in defendant’s answer and borne out by the testimony. Hall v. Coal Co., 260 Mo. 367; Thornton v. Mersereau, 168 Mo. App. 9; Beggs v. Shelton, 173 Mo. App. 131. (b) It directs the jury that if they find for the plaintiff and that a certain amount is due, to-wit, $11,835.73, they will add thereto “interest to this date at the…
1Opinion of the CourtWalker, C. J.
This is a suit on a contract for construction work on, a railroad instituted in the Circuit Court of Jackson County by Baker against the McMurry Contracting Company. Upon a trial at the May term, 1917, of said court a judgment was rendered in favor of the plaintiff. Under a writ of error the defendant seeks a review of this judgment.
The contract upon which this action is based was in the form of a letter addressed by the defendant to the plaintiff and accepted by the latter.' The subject-matter of this contract is as follows:
“Agreeable with our conversation this morning, we herewith make you…
2Cases cited27 opinions
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- American Insurance v. NeibergerSupreme Court of Missouri · 1881
- Gayle v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
- Leftkovitz v. First National Bank of GadsdenSupreme Court of Alabama · 1907
- Robinson v. KornsSupreme Court of Missouri · 1913
22 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- O'Donnell v. Baltimore & Ohio RailroadSupreme Court of Missouri · 1930
- City of Cape Girardeau v. HunzeSupreme Court of Missouri · 1926
- Kansas City Bridge Co. v. Kansas City Structural Steel Co.Supreme Court of Missouri · 1958
- Ohio Savings Bank & Trust Co. v. Willys CorporationCourt of Appeals for the Second Circuit · 1925
- White v. KentlingSupreme Court of Missouri · 1939
12 more not listed; retrieve them via the Exa API.