Beers v. Schallern
Cases that cite this one
1 later published case cites this decision.
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(after stating the facts as above). We are satisfied that reversible error was committed in the giving of the instruction complained of, and that a new trial should be ordered. The plaintiff, in our opinion, failed entirely to prove the special contract set out in his complaint, and the defendants’ theory of the case was not instructed upon. The testimony of the defendant was to the effect that the contract between him and the plaintiff was that he should only pay for
The judgment of the District Court is reversed and the cause is remanded for further proceedings according to law.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.