89 Mo. 108 | Mo. | 1886
This is an action instituted before a justice of the peace to recover a sum of money claimed ■to have been over-paid by plaintiff to defendant on a land contract, whereby land was sold by the Atlantic &■ Pacific Railroad Company to Duncan, and the contract assigned by him to Brock. Plaintiff claims as the assignee of his father, Jesse Light, who claimed as the assignee of Brock. Under the terms of the contract the payments were to be made in installments, and plaintiff, after the assigment of the contract to him,' paid thereon-to the defendant company in 1879, $1-85.00; ■In about ten days thereafter he received from the agent of the defendant ‘company a statement showing'the pay. mants made from time to time to them on the contract. And in.about three months .thereafter he received from the defendant company a deed for the land mentioned in the contract.
II. As to the instructions, those given by the court •of its own motion, and at the instance of the defendant, presented the matter at issue very favorably to the jury. And as to the sixth and seventh instructions asked by defendant, the* refusal of the court to give them was not called to the attention of the court in the motion for a new trial, and, therefore, cannot be noticed.
III. The only point then left for comment, is whether,' under the evidence, there was an over-payment of money made on the contract. This, of course,, is a mere matter of computation, which, having been made,
Therefore, judgment affirmed.