Beck v. Ferrara
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. The court below erred in permitting evidence of the sale of the stall by Beck to Ferrara to go to the jury. No such issue was made by the pleadings. LinJc v. Vaughn, IT Mo. Hep. If there was any variance between the pleadings and the proof, it was not a material one under the new practice.
1Opinion of the CourtRyland, Judge
1. The only question of importance for the consideration of this court is in relation to the third item of the plaintiff’s account ; that is for the stall in the North Market. The petition charges as follows, after stating the first item for board and the second for hire of a horse and wagon, &c., “ and for *31a certain stall in the North Market House, known as stall No. 20, which said stall No. 20 was purchased by said John Beck from one Hargens for the sum of five hundred dollars, for him, the said defendant, and at his special instance and request ; and which said sum of five hundred dollars,…
2Cited by11 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Clements v. YeatesSupreme Court of Missouri · 1879
- Folden v. HendrickSupreme Court of Missouri · 1857
- Deickman v. McCormickSupreme Court of Missouri · 1857
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