Legal Opinion

Squire v. Ferd Heim Brewing Co.

Court of Appeals of Kansas

Decided December 2, 1901PublishedCited by 3 opinions

Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Plaintiff can not plead one cause of action and recover on another. Dougherty v. Matthews, 35 Mo. 520; Buffington v. Railroad, 64 Mo. 246; Eyerman v. Cem.

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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Plaintiff can not plead one cause of action and recover on another. Dougherty v. Matthews, 35 Mo. 520; Buffington v. Railroad, 64 Mo. 246; Eyerman v. Cem. Assoc., 61 Mo. 489; Bank v. Armstrong, 62 Mo. 59; Waldhier v. Railroad, 71 Mo. 514; Price v. Railroad, 72 Mo. 414; Ely v. Railroad, 77 Mo. 34; Melvin v. Railroad, 89 Mo. 106; Gurley v. Railroad, 93 Mo. 445; Haynes v. Trenton, 108 Mo. 123; Woods v. Campbell, 110 Mo. 572; Yamell v. Railroad, 113 Mo. 570; Milling Co. v. Transit Company, 122 Mo. 258; Hite v. Railroad, 130 Mo.…

1Opinion of the CourtBroaddus, J.

The plaintiff in his petition alleges that during the months of July, August, September and October, 1899, the defendant was his tenant, occupying a certain basement and rooms in a building of plaintiff situated in Kansas City, Missouri; that the defendant agreed to pay plaintiff $93 per month, in advance, for the use of said property; and that demand has been made for said rent but payment refused. He claims judgment for $372 principal and $4.65 interest, making a total of $376.65 for which he asks judgment. The answer is a general denial except as to defendant being an incorporation, which…

2Cases cited3 opinions

  1. Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
  2. Mansur v. BottsSupreme Court of Missouri · 1883
  3. Globe Light & Heat Co. v. DoudMissouri Court of Appeals · 1892

3Cited by3 opinions

  1. Arthur Fritsch Foundry & Machine Co. v. Goodwin Manufacturing Co.Missouri Court of Appeals · 1903
  2. Kaiser Aluminum & Chemical Sales, Inc. v. Lingle Refrigeration Co.Missouri Court of Appeals · 1961
  3. Wade v. NelsonMissouri Court of Appeals · 1906

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