Rechnitzer v. St. Louis Candy Co.
Missouri Court of Appeals
Appeal from tbe St. Louis City Circuit Court. — Hon. William Zachriiz, Judge. (1) The verdict was against the law. As will be seen by an examination of the record, the alleged “contract” or order was never filed or sued upon. The tabulated statement of figures filed is not sufficient to constitute a cause of action. Sections 2088, 6138, 6139, G-. S.; Rosenberg v. Boyd, 14 Mo. App. 429; Swartz v. Nicholson, 65 Mo. 508; Morrow v. Sturver, 97 Mo. 161; Nutter v. Houston, 32 Mo.
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Appeal from tbe St. Louis City Circuit Court. — Hon. William Zachriiz, Judge. (1) The verdict was against the law. As will be seen by an examination of the record, the alleged “contract” or order was never filed or sued upon. The tabulated statement of figures filed is not sufficient to constitute a cause of action. Sections 2088, 6138, 6139, G-. S.; Rosenberg v. Boyd, 14 Mo. App. 429; Swartz v. Nicholson, 65 Mo. 508; Morrow v. Sturver, 97 Mo. 161; Nutter v. Houston, 32 Mo. App. 451; Butts v. Phelps, 79 Mo. 302; Hill v. Ore and Steel Co., 90 Mo. 670, 1.04; Brashears v. Strock, 46 Mo. 221;…
1Opinion of the CourtBiggs, J.
This action was commenced before a justice of tbe peace. Tbe following paper was filed as a testament of plaintiff’s cause of action, to wit:
“J. S. Reehnitzer, publisher of Hopkins Grand Opera House program and all first-class advertising mediums.
“St. Louis, June 1, 1898.
St. Louis Oandy Oompany, Ninth and Gratiot Sts.
1897.
Sept. 26, Hopkins, 8-29; 9-5-12-19 & 26. .$20.00... .$25.00
Oct. 31, Hopkins, 10-3-10-17-24-31...... 20.00.... 25.00
Nov. 28, Hopkins, 11-7-14-21-28........ 20.00.... 20.00
Dec. 26, Hopkins, 12-5-12-19-26........ 20.00.... 20.00
1898.
Jan. 30, Hopkins,…
2Cases cited1 opinion
- Dowdy v. WambleSupreme Court of Missouri · 1892
3Cited by3 opinions
- Rechnitzer v. VogelsangMissouri Court of Appeals · 1906
- Nenno v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904
- National Telephone Directory Co. v. Mermod, Jaccard & King Jewelry Co.Missouri Court of Appeals · 1911