Missouri Appeal Reports Volume 27

Missouri Appeal Reports Volume 27

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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. 1888 edition. Excerpt: ...the full amount of its bill. III. P1aintifi's fifth instruction correctly declared the law, and the court erred in refusing it. The tender by defendants was a conclusive admission of the justness of plaintiff 's demand to the amount of the tender, and the proof showed that plaintiif's entire bill was of the same character and equally due with that part of it admitted to be owing by defendants. Defendants' claim for damages being rejected, by applying the third instruction to the evidence, plaintiff ought to have had a judgment for the full amount sued for. IV. In any event, judgment should have been rendered for the amount of the debt tendered and all the costs in the case. The tender having been Withdrawn at the trial, between four and five years after it was made. while it did not weaken the force of the admission of the correctness of the debt to at least the amount ten I dered, did take away the protection from liability for costs incurred subsequent to the tender. To save such liability from attaching the tender must be kept good. Cockrill 2: . Kirkpatrick, 9 Mo. 697, 704; 2 Greenlea-f on Evid. Redf. Ed. p. 525, sect. 600; May-nahan '0. Moore, 77 Am. Dec. 485, note. V. But beyond all controversy, plaintiff was entitled to a judgment for the amount of the debt and costs tendered, and error was committed by the refusal of pl-aintiff's sixth declaration of law. One of the defendants testified that they never disputed plaintifl"s bill and did not dispute it now; that they simply wished their damages allowed, and the diiference between the amount of their claim for damages and the amount of the plaintiff 's bill was the amount they had tendered; that they had made this tender under the advice of...show more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236922689
  • 9781236922687