Scott v. Parkview Realty & Improvement Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Eon. J. W. McElhinney, Judge. ! (1) This being’ an appeal from the action of the court in refusing to set aside nonsuits as to the first and third counts of the petition, plaintiffs’-evidence is to be taken as true, defendant’s contradictory evidence as untrue, and every inference of fact made in favor of plaintiffs which can reasonably be drawn from the evidence so considered.
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Appeal from St. Louis County Circuit Court. — Eon. J. W. McElhinney, Judge. ! (1) This being’ an appeal from the action of the court in refusing to set aside nonsuits as to the first and third counts of the petition, plaintiffs’-evidence is to be taken as true, defendant’s contradictory evidence as untrue, and every inference of fact made in favor of plaintiffs which can reasonably be drawn from the evidence so considered. Forbes v. Dunnavant, 198 Mo. 193; Mockowik v. Railroad, 196 Mo. 550. (2) The provision of the contract that “the engineer’s opinion as to the increase of haul is to be…
1Opinion of the CourtValliant, C. J.
— Plaintiffs sue to recover a balance claimed by them to be due from defendant for work done in grading a certain tract of land belonging to defendant lying partly in tke city and partly in the county of St. Louis.
Tke petition is in six counts; before entering on tke trial plaintiffs dismissed tkeir second and fourth counts, and went to trial on tke first, tkird, fiftk and sixtk. At tke close of the evidence on both sides tke court at tke request of defendant g'ave instructions to tke jury to tke effect that as to tke first and tkird counts tke plaintiffs were not entitled to recover,…
2Cases cited3 opinions
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
3Cited by33 opinions
- Kennedy v. DixonSupreme Court of Missouri · 1969
- Page v. HamiltonSupreme Court of Missouri · 1959
- Smith v. City of St. LouisSupreme Court of Missouri · 2013
- Vilter Mfg. Co. v. RolaffCourt of Appeals for the Eighth Circuit · 1940
- Duval County v. Charleston Engineering & Contracting Co.Supreme Court of Florida · 1931
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