Quint v. Loth-Hoffman Clothing Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. Franklin Ferriss, Judge. (1) That instruction was erroneous, because the present action is based upon an account stated and the evidence fails to establish the stated account pleaded. Cape Girardeau, etc. R. R. Co. v. Ivimmel, 58 Mo. 83; Missouri Pacific Ry. Co. v. Commission Co., 71 Mo. App. 303; Fisse v. Blanke, 127 Mo. App. 431; Commercial etc. Co. v. Kroell, 85 Mo.
Read the full summary
Appeal from the Circuit Court of the City of St. Louis.— Hon. Franklin Ferriss, Judge. (1) That instruction was erroneous, because the present action is based upon an account stated and the evidence fails to establish the stated account pleaded. Cape Girardeau, etc. R. R. Co. v. Ivimmel, 58 Mo. 83; Missouri Pacific Ry. Co. v. Commission Co., 71 Mo. App. 303; Fisse v. Blanke, 127 Mo. App. 431; Commercial etc. Co. v. Kroell, 85 Mo. App. 340; Columbia Brewing Company v. Berney, 90 Mo. App. 96; Davis & Co. v. Boswell & Strawn, 77 Mo. App. 294. (2) The credit of the sum of $215.35 on plaintiff’s…
1Opinion of the Court
This action upon an account stated resulted in a verdict and judgment for plaintiff for the full amount claimed by reason of a peremptory instruction given by the lower court of its own motion to the effect that the verdict of the jury must be for the plaintiff for the amount sued for. Defendant appeals asserting that the action of the court was not justified under the facts of the case as disclosed by the evidence.
The petition was in two counts, one based on a stated account, and the other on an open account. At the close of plaintiff's case he dismissed his claim upon the open account and…
2Cases cited7 opinions
- Cape Girardeau & State Line Railroad v. KimmelSupreme Court of Missouri · 1874
- Ryan v. GrossSupreme Court of Alabama · 1872
- Ryan v. RyanSupreme Court of Missouri · 1845
- Stewart v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1911
- In re the Condemnation of Land for Opening & Establishing A Public ParkwayMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Perbal v. Dazor Manufacturing Corp.Supreme Court of Missouri · 1968
- Gerstner v. Lithocraft StudiosMissouri Court of Appeals · 1953
- Chisler v. StaatsMissouri Court of Appeals · 1973
- Diehr v. Thompson Chemicals Corp.Missouri Court of Appeals · 1955
- F. G. Barton Cotton Co. v. VardeleMissouri Court of Appeals · 1925
2 more not listed; retrieve them via the Exa API.