Handlan Buck Manufacturing Co. v. Stave Electrical Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) A party to a lawsuit is bound by tbe theory upon which he tries the case below.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) A party to a lawsuit is bound by tbe theory upon which he tries the case below. Mirrielles v. Railroad, 163 Mo. 470; McQuillin on Instructions to Juries in Missouri, Civil Cases, sec. 294. (2) In this case respondent took the position that the contract was continued at the end of six months unless it, respondent, elected to discontinue it at that time, despite the fact that the contract itself provided that it should terminate at the end of six months with an option to appellant to renew, provided appellant had…
1Opinion of the CourtAllen, J.
This is an action to recover money paid by plaintiff to defendant for certain lamps, under and by virtue of a contract between tbe parties. Defendant denied liability for tbe return of the money so paid it, and interposed a counterclaim for the value of certain other lamps that it had shipped upon plaintiff’s order. There was judgment for defendant, both on plaintiff’s cause of action and on defendant’s counterclaim, and plaintiff prosecutes this appeal.
On August 5, 1909, a contract was entered into between the parties, both of them being corporations, wherein defendant, Stave Electrical…
2Cases cited16 opinions
- Willcox & Gibbs Sewing MacHine Co. v. EwingSupreme Court of the United States · 1891
- Nanson v. JacobSupreme Court of Missouri · 1887
- Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
- Arbuckle Bros. v. Gates & BrownSupreme Court of Virginia · 1898
- Felcher v. McMillanMichigan Supreme Court · 1895
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3Cited by7 opinions
- Martin v. Mercantile Trust CompanySupreme Court of Missouri · 1956
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- Jennings v. CherrySupreme Court of Missouri · 1923
- Proctor v. Home Trust Co.Missouri Court of Appeals · 1926
- Kansas City Diesel Power Co. v. Kirloskar, Inc.Missouri Court of Appeals · 1983
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