Missouri Appeal Reports Volume 128

Missouri Appeal Reports Volume 128

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...by other evidence, that the corn crop produced about 2200 bushels and that he delivered to plaintif f his part thereof.-The evidence introduced by plaintiff is to the effect that corn was grown on 215 acres, that 3,800 bushels were produced and that only 431 bushels were delivered to him as rent for that year. He claims in his petition and in his testimony that defendant is indebted to him "to the amount of 1,500 bushels of corn of the reasonable value of $7 50." These issues of fact which were sharply contested were settled by the jury in favor of the contention of defendant and it is not claimed by plaintiff that the verdict was not supported by substantial evidence. The errors assigned relate to the rejection by the trial court of evidence offered by plaintiff and to the instructions given to the jury. The court refused all of the instructions asked by plaintiff and of its own motion gave instructions in his behalf. The first of these was as follows: "It is admitted in this case that defendant occupied the farm mentioned in evidence, and that defendant was to pay as rental for said farm one-half of all the corn raised on said place and all the corn raised on an equal amount of land selected in lieu of the oat land, and if you believe from the evidence that the defendant did 'not set over to plaintiff one-half of the corn grown on said farm by defendant, and all the corn grown on the land in lieu of the oat land, and that there is now due plaintiff any corn on account of said rent, and that plaintiff before bringing this suit demanded the same, you will find for the plaintif f on the merits of this case and assess his damages at whatever amount you may find is the market value of said corn, not to exceed fifty cents...show more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236744438
  • 9781236744432