Reed v. Kansas Condensed Milk Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The court erred in admitting testimony of expenses incurred by plaintiff as salesman for defendant, as these were not pleaded. The written contract was the sole measure of liability, the amended petition was for money paid out and expended. The same evidence would not sustain both petitions.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The court erred in admitting testimony of expenses incurred by plaintiff as salesman for defendant, as these were not pleaded. The written contract was the sole measure of liability, the amended petition was for money paid out and expended. The same evidence would not sustain both petitions. Hernán v. Grlann, 129 Mo. 325'. (2) The court erred in admitting plaintiff to amend his petition at the close of all the testimony by setting up a new cause of action. Pruett v. Warren, 71 Mo. App. 84; Hackett v. Van Frank, 119 Mo.…
1Opinion of the CourtTrimble, J.
This suit grows out of a written contract of employment entered into by the parties hereto whereby defendant employed plaintiff for a term of two years from April 1,1910, as manager at a salary of $150 per month; and wherein plaintiff agreed to give all of his time and attention to the management of the business to the exclusion of every other business, and further agreed, on request, to make and deliver a complete and correct account in writing of all moneys received and paid out.
Plaintiff was discharged six months before the end of his term of employment, and he brought this suit to recover…
2Cases cited4 opinions
- State ex rel. Ziegenhein v. TittmannSupreme Court of Missouri · 1890
- Coombs Commission Co. v. BlockSupreme Court of Missouri · 1895
- Zeideman v. MolaskyMissouri Court of Appeals · 1906
- Whitewater Mercantile Co. v. DevoreMissouri Court of Appeals · 1908
3Cited by1 opinion
- O'Connor v. EganMissouri Court of Appeals · 1955