White v. Stoner
Missouri Court of Appeals
Appeal from Barton Circuit Court, Hon. Chas. Gr. Burton, J. Statement of case by the court. In September, 1881, plaintiff bought of defendant a farm in Barton county, Missouri; but, as possession was not to be delivered until March following, a written contract or lease was entered into, by which plaintiff leased the farm back to defendant until March 1,1882. In said lease defendant agreed to keep the premises in good repair, ordinary wear and tear excepted; to not permit…
Read the full summary
Appeal from Barton Circuit Court, Hon. Chas. Gr. Burton, J. Statement of case by the court. In September, 1881, plaintiff bought of defendant a farm in Barton county, Missouri; but, as possession was not to be delivered until March following, a written contract or lease was entered into, by which plaintiff leased the farm back to defendant until March 1,1882. In said lease defendant agreed to keep the premises in good repair, ordinary wear and tear excepted; to not permit his stock to run in the fields, except when the ground was dry or frozen, so as not to injure the same; and that he would…
1Opinion of the Court
Opinion by
Ellison, J.
The objections should have been sustained to the question asked of the witnesses Crouse and McChesney, and the last question asked Kent.
There are matters embraced in the question put to the witness Crouse, about which he could properly give his opinion as to the value, and matters about which his opinion as to value would be improper; but there is nothing in the questions propounded to either of the witnesses authorizing a statement as to what the damages would be.
There are also matters propounded, in which differ*548ent elements of damages enter, and different rules for the…
2Cases cited4 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Norman v. WellsNew York Supreme Court · 1837
- Chipman v. HibberdCalifornia Supreme Court · 1856
- Eyerman v. SheehanSupreme Court of Missouri · 1873
3Cited by14 opinions
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
- Haymaker & Crookshanks v. Adams & SonMissouri Court of Appeals · 1895
- Kennedy v. HolladayMissouri Court of Appeals · 1887
- Doty v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1909
9 more not listed; retrieve them via the Exa API.