34 Mo. 98
Decided March 15, 1863
Supreme Court of Missouri · decided 1863-03-15
Louis Common Pleas Cou/rt. The fourth instruction given for the plaintiffs was as follows: “ The fact that plaintiffs gave instructions to defendants to sell the flour after it had been sold, not knowing it had been sold, will not justify a previous sale made without instructions, and contrary to plaintiffs’ orders, nor constitute any defence against such previous sale made contrary to plaintiffs’ orders.”
Cited by 4 later decisions — most recently December 1890
4 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1863-03-15
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¶1delivered the opinion of the court.
¶2The judgment in this case is reversed because the fourth instruction given for the plaintiffs assumed the existence of facts which were the very matters in dispute proper for the consideration of the jury.
¶3Reversed and remanded.