Pitcher v. Hovey

Gamble, Judge.

When this case was before this court upon a former occasion, a full statement of the contract of the parties was made, which it is not necessary here to repeat. Reference is made to the report of the case as formerly before this court. 13 Mo. Rep. 191. The contract then received a construction, which we will not disturb. The judgment of the Circuit Court was then reversed, and the cause remanded for a new trial, and the present record presents the result of the second trial.

*437The instructions which were given at the instance of the plaintiff are warranted by the opinion given when…