Stokes v. Mills
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — IIon. W. S. G. Walker, Judge. (1) There was no evidence upon which to render a judgment for the plaintiff under the pleadings and the evidence in this cause, and the judgment was for the wrong party. Bohle v. King-Brinsmade Merc. Co., 114 Mo. App. 439; Morris v. Kansas City, 117 Mo. App. 298; Schmitte v. Transit Co., 108 Mo.
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Appeal from Dunklin Circuit Court. — IIon. W. S. G. Walker, Judge. (1) There was no evidence upon which to render a judgment for the plaintiff under the pleadings and the evidence in this cause, and the judgment was for the wrong party. Bohle v. King-Brinsmade Merc. Co., 114 Mo. App. 439; Morris v. Kansas City, 117 Mo. App. 298; Schmitte v. Transit Co., 108 Mo. App. 186. (2) The court erred in giving the instruction No. 1 on the part of plaintiff, for the reason that under the pleadings and the evidence in this case there was no evidence upon which to base the same, and plaintiff’s theory is…
1Opinion of the CourtNobtoni, J.
This is a suit on an account for the purchase price of feed. Plaintiffs recovered and defendants prosecute the appeal.
It appears that Charles H. Fletcher & Son, for whom the feed was purchased, owned and operated a sawmill in Stoddard county, and sold and shipped the. lumber and shingle product therefrom to defendant Mills Brothers, at Decatur, Illinois. In order to operate the sawmill, it was necessary that Fletcher & Son should procure considerable feed for their horses, and plaintiffs refused to sell the same to them because they were insolvent. Fletcher & Son informed plaintiffs that…
2Cases cited3 opinions
- Glenn v. LehnenSupreme Court of Missouri · 1873
- Steele v. Ancient Order of PyramidsMissouri Court of Appeals · 1907
- Rottmann v. PohlmannMissouri Court of Appeals · 1888
3Cited by3 opinions
- Moore v. McHaneyMissouri Court of Appeals · 1915
- F. Hattersley Brokerage & Commission Co. v. HumesMissouri Court of Appeals · 1916
- Wittenberg v. FisherMissouri Court of Appeals · 1914