City Light, Power, Ice & Storage Co. v. St. Marys Machine Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Jos. A. Guthrie, Judge. (1) The court’s action in permitting respondent to amend its petition at the close of the trial and after both sides had rested, was erroneous. Eldredge v. Hargraves, 30 Neb. 642; Meacham v. Cooper, 36 Minn. 227, 30 N. W. 669. (2) Special damages are a proper ■element of recovery in this sort of an action if they are specially pleaded.
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Appeal from Jackson Circuit Court. — Eon. Jos. A. Guthrie, Judge. (1) The court’s action in permitting respondent to amend its petition at the close of the trial and after both sides had rested, was erroneous. Eldredge v. Hargraves, 30 Neb. 642; Meacham v. Cooper, 36 Minn. 227, 30 N. W. 669. (2) Special damages are a proper ■element of recovery in this sort of an action if they are specially pleaded. Mallory v. Elwood, 120 la. 362, 95 N. W. 176; 35 Cye. 451; Ellis v. Tips, 40 S. W. 524. (3) It is equally true that the original petition in this case did not state a cause of action for…
1Opinion of the Court
TRIMBLE, J. —
To make this opinion reasonably clear it is necessary to set out the facts before stating the nature of the case or discussing the questions involved.
On May 26, 1911, the plaintiff, engaged in supplying electric light and power to the inhabitants of the town of Lee’s Summit, entered into a written contract with defendant for the purchase of a gasoline engine to use in plaintiff’s power plant at hours when its larger steam engine was not needed. By the terms of the contract the engine was to develop fifty brake horse power, to have a speed of 225 revolutions per minute, to run…
2Cases cited9 opinions
- Stuart v. HaydenSupreme Court of the United States · 1898
- Bailey v. OgdenNew York Supreme Court · 1808
- Taylor v. ShortSupreme Court of Missouri · 1891
- Grymes v. Liebke Hardwood Mill & Lumber Co.Missouri Court of Appeals · 1905
- Phares v. Jaynes Lumber Co.Missouri Court of Appeals · 1906
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3Cited by8 opinions
- McCullough v. NewtonSupreme Court of Missouri · 1961
- McCaw v. O'MalleySupreme Court of Missouri · 1923
- Pittis v. BunyardMissouri Court of Appeals · 1914
- Reger v. First National BankMissouri Court of Appeals · 1926
- King v. GuyMissouri Court of Appeals · 1957
3 more not listed; retrieve them via the Exa API.