G. V. Halliday & Co. v. Lesh
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The court erred in not admitting question and answer No. 31 of deposition (page 9, Abstract). This evidence was clearly proper for the purpose of showing what expense plaintiff had incurred by reason of the contract being entered into by defendant, and the damages he had sustained by reason of its breach. Shouse v. Neiswaanger et ah, 18 Mo. App. 236; Chalis v. Witte, 12 Mo.
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Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The court erred in not admitting question and answer No. 31 of deposition (page 9, Abstract). This evidence was clearly proper for the purpose of showing what expense plaintiff had incurred by reason of the contract being entered into by defendant, and the damages he had sustained by reason of its breach. Shouse v. Neiswaanger et ah, 18 Mo. App. 236; Chalis v. Witte, 12 Mo. App. 715; Eulkerson v. Eads, 19 Mo. App. 620; Huse & Loomis v. Heinze, 102 Mo. 245. (2) The court erred in permitting witness Smythe to testify as…
1Opinion of the CourtBiggs, J.
The plaintiff, G. V. Halliday, is engaged *287in the manufacture and sale of safes under the name of G. Y. Halliday & Company. His manufactory is located in Cincinnatti, Ohio. He has a place of business in the city of St. Louis for the sale of manufactured stock. The defendant executed and delivered to plaintiff the following order.
“Mexico, Mo., 11 — 1, 1898.
“Please ship as directed as soon as possible one No. 10 Excelsior Eire-Proof Safe with inside doors as illustrated in catalogue on page 10 of the dimensions and plan of interior as specified on the back of this order, marked to W. H. Lesh,…
2Cases cited10 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Deutmann v. KilpatrickMissouri Court of Appeals · 1891
- Skinker v. HaagsmaSupreme Court of Missouri · 1889
- Anderson v. FrankMissouri Court of Appeals · 1891
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3Cited by2 opinions
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Brown v. Trinidad Asphalt Manufacturing Co.Supreme Court of Missouri · 1908