Thomas v. Walnut Land & Coal Co.
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. D. A. DeArmo'nd, Judge. (1) The court erred in admitting the articles of association, and in admitting Thomas’ testimony over appellant’s objections. The objections to Thomas’ testimony, after he had stated Foster’s disclaimer of any power and authority to make any contract, should have been sustained.
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Appeal from the Bates Circuit Court. — Hon. D. A. DeArmo'nd, Judge. (1) The court erred in admitting the articles of association, and in admitting Thomas’ testimony over appellant’s objections. The objections to Thomas’ testimony, after he had stated Foster’s disclaimer of any power and authority to make any contract, should have been sustained. (2) The instructions given for plaintiff virtually and effectually excluded, from the jury all consideration of the acts, statements and doings of Thomas as explaining what the contract really was, with whom and when made, the terms and conditions of…
1Opinion of the CourtGill, J.
Plaintiff Thomas sued the defendant for the reasonable value of labor performed in opening up, or stripping, a certain coalbed on the land of defendant. At the trial in the circuit court plaintiff had a verdict and judgment for $1,400, and defendant appealed. The petition is drawn in the usual form of a quantum meruit, alleging the incorporation of the defendant Land & Coal Company ; that said work was done at the instance and request of defendant, was of the reasonable value of some $4,608, giving credit for about $500, and asking judgment for a balance of $4,100. The answer admitted the…
2Cases cited2 opinions
- Lowe v. SinklearSupreme Court of Missouri · 1858
- Hay v. WalkerSupreme Court of Missouri · 1877
3Cited by4 opinions
- Roper v. ClantonMissouri Court of Appeals · 1953
- Anderson v. CaldwellSupreme Court of Missouri · 1912
- Moore v. RenickMissouri Court of Appeals · 1902
- Ireland v. SpickardMissouri Court of Appeals · 1902