146 Mo. App. 659 | Mo. Ct. App. | 1910
(after stating the facts). —
(b). It is urged no proof was adduced to show how much defendants were damaged by plaintiff’s refusal to allow them to satisfy part of their rent by work, as the value of the work they would have done was not proved, nor was it proved what similar work would have been worth if done for other parties. There was a conflict between plaintiff and defendants as to who was to blame, plaintiff saying he tried to get them to do work as agreed, they saying they offered to do it
(c). Another contention made in this connection is that as Charles Hale, one of the lessees, had moved off the farm in 1901, he was not there to comply with his contract. But he testified he was ready and willing to help his father do the work in 1902. Little is said in the record about the removal of Charles Hale in 1901. He and his father had rented another farm jointly as they had rented the one in question, and were cultivating both as partners. Though he had moved onto the other farm, the lease with plaintiff did not provide against his doing so, there was no proof he had repudiated his contract with plaintiff, and for aught that appears both he and his father were complying and ready to comply in all respects with their obligations as lessees. Plaintiff himself raised no question about it, but accepted his rent and treated the lease as still in force.
(b). In connection with the counterclaim for damages for the fraudulent dispossession of defendants, plaintiff insists no one was dispossessed but George W. Hale, as Charles Hale had already moved away. What we have said supra covers this matter. It is true Charles Hale was not residing on the farm at the time, but there is nothing to show he was not still in possession as lessee. His own testimony goes to prove he was as do the notes in suit; for he executed them with his father after he had moved.
5. The admission of the testimony of Mrs. Hale is challenged. She was the wife of defendant George W. Hale, and there was nothing to show she had been appointed his agent in the transaction about which she testified. The sum of her testimony was that plaintiff turned over to her an envelope telling her to hand it to her husband as there was a note in it for him. If she was an incompetent witness under the statute, the admission of her testimony was harmless. The only thing she stated which her husband did not testify to, was that plaintiff told her the envelope contained a note for her husband and to hand it to him. There was no controversy about this incident having occurred, and that the envelope passed from her hands into her husband’s with only one note in it, was otherwise proved. Her testimony regarding plaintiff’s statement about the contents of the envelope and what she should do with it, while probably incompetent, could have had no influence on the jury prejudicial .to plaintiff and ought not to work a reversal of the judgment.
The judgment is affirmed.