80 Mo. App. 429 | Mo. Ct. App. | 1899
This is a suit for $421.98 the net price of a carload of beer shipped by plaintiff to defendant in June, 1895., The action was defended in the lower court on the ground that the quality of the beer was not as represented, that it was inferior and unmerchantable, and after being kept in store for a, few days became flat and unfit for use so that a large part thereof had to be thrown away. Evidence pro and con-on these matters was submitted at the trial. The jury returned' a verdict, reducing plaintiff’s claim from the amount sued for to the sum of $25 and plaintiff appealed.
We fail to discover any substantial reason for disturbing-this judgment. Although defendant set up in his answer-some elements of damage to which he was not entitled, as that the reputation of his business was injured by handling the-inferior beer furnished him by the plaintiff, yet the court excluded the testimony in that respect offered and the jury was instructed to take no account of that claim. There was, however, abundant evidence to prove that the beer was of very-poor quality, was unmerchantable, and that defendant was. able to sell only a portion thereof and turned a large per cent, of it into the sewer.
An examination of the court’s instruction shows that the trial judge submitted the issues to the jury on the proper theory and in keeping with the law declared in the foregoing authorities. As to plaintiff’s instructions 3, 5 and 6 which the court refused, it is sufficient to say that there was no evidence to justify the two former, and as to the last the point was sufficiently covered by defendant’s instruction number 2, given by the court.
Judgment affirmed.