72 Mo. 216 | Mo. | 1880
Plaintiffs were pork packers, and engaged to kill, cure and pack for defendants a lot of hogs ; and a portion of the pork was damaged, defendants allege, in consequence of the negligent and unskillful manner in which it was handled by plaintiffs; who, on the contrary, allege that, against their judgment and advice, they were ordered by defendants to kill at a time when the weather was too warm, and that the damage resulted from that fact, and not from their unskillful or negligent handling of the meat. After the business was concluded, plaintiffs called upon defendants for a settlement. Defendants had previously claimed compensation for the damaged meat, and when a settlement was demanded by plaintiffs, who in
Evidence for plaintiffs fully established the mistake in the account, and tended to prove that the injury to the meat was occasioned by the peremptory order of (defendants to kill at an unseasonable time. That for defendants tended to show that the damage was occasioned as they alleged, but evidence of the amount, or tending to approximate to the amount of the damage so sustained, beyond what was allowed by plaintiffs in that settlement, was not introduced. The court, at the instance of plaintiffs, gave the following instruction: If the jury believe from the evidence that the defendants, on the 11th day of May, 1875, with full knowledge of all the facts connected with the spoiled or damaged condition of the pork slaughtered, cured and packed for them by plaintiffs, received from plaintiffs, in full satisfaction and settlement of all damages occasioned by such spoiling and deterioration of said pork, on an agreement of compromise and settlement