Stephens v. Koken Barber Supply Co.
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The evidence for plaintiff being entirely oral, the court erred — even if there had been no conflict in it, in giving a peremptory instruction to find for plaintiff. The instruction was equivalent to requiring the jury to believe the testimony for plaintiff. Cleveland and A Mineral Land Co. v. Boss, 36 S. W. Rep. (Mo.) 216, 218; Huston v. Tyler, Id.
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Appeal from, the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The evidence for plaintiff being entirely oral, the court erred — even if there had been no conflict in it, in giving a peremptory instruction to find for plaintiff. The instruction was equivalent to requiring the jury to believe the testimony for plaintiff. Cleveland and A Mineral Land Co. v. Boss, 36 S. W. Rep. (Mo.) 216, 218; Huston v. Tyler, Id. (Mo.) 654-657; Wolff v. Campbell, 110 Mo. 114-120; Gregory v. Chambers, 78 Id. 294-298; Vauhc v. Campbell, 8 Id. 224-227; Bryan v. Wear, 4 Id. 106-110. The question as to…
1Opinion of the CourtBond, J.
Plaintiff is a printer and lithographer, and as such contracted in writing with defendant, a business corporation trading in barber supplies, to furnish it certain lithographic pictures for its catalogue. This agreement was entered into on March 28, 1895, and provided for the payment of $200 when the work should be completed and delivered, and $200 on the first of each month thereafter until the whole price, amounting to $1,277 was paid. About the last of May, 1895, defendant was notified of the completion of the work and requested to come and examine it. This was done, and defendant after…
2Cases cited1 opinion
- Cleveland & Aurora Mineral Land Co. v. RossSupreme Court of Missouri · 1896
3Cited by7 opinions
- Coleman v. Jackson CountySupreme Court of Missouri · 1942
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Gantt v. DuffyMissouri Court of Appeals · 1897
- Reynolds v. Union Station BankMissouri Court of Appeals · 1918
- Chandler v. GordaSupreme Court of Missouri · 1964
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