Kingsland & Ferguson Manufacturing Co. v. St. Louis Malleable Iron Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. The written order of June 26, 1882, constituted a separate and complete contract for the manufacture of two hundred and sixty sets of castings, and the trial court erred in refusing to dismiss the case as to the first count of the petition, upon defendant’s motion, for the non-filing by plaintiff of the instrument.
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Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. The written order of June 26, 1882, constituted a separate and complete contract for the manufacture of two hundred and sixty sets of castings, and the trial court erred in refusing to dismiss the case as to the first count of the petition, upon defendant’s motion, for the non-filing by plaintiff of the instrument. Rev. Stat., sec. 3560; RothweTl v. Morgan, 38 Mo. 107; Burdsell v. Davies, 58 Mo. 139; Realce v. Bell, 65 Mo. 224; Rev. Stat., sec. 3547; Ldbadie v. Maguire, 6 Mo. App. 573. The court also erred in admitting, over…
1Opinion of the CourtThompson, J.
The petition in this case contains two counts. As no question arises upon the second count, it will be laid out of view. As a question arises in connection with the first count, it seems best to set it out in full. It is *530as follows: “For its first cause of action plaintiff states that, heretofore, at sundry dates between the twentieth day of June, 1882, and the fifteenth day of September, 1882, defendant requested plaintiff to manufacture for and deliver to defendant one thousand and forty sets of castings for Dutch ovens, and agreed to pay plaintiff therefor on delivery /thereof at the price…
2Cases cited10 opinions
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kansas City Bridge Co. v. Kansas City Structural Steel Co.Supreme Court of Missouri · 1958
- St. Louis Range Co. v. Kline-Drummond Mercantile Co.Missouri Court of Appeals · 1906
- Citizens State Bank of Nevada v. WalesMissouri Court of Appeals · 1971
- Laswell v. National Handle Co.Missouri Court of Appeals · 1910
- Crown Vinegar & Spice Co. v. WehrsMissouri Court of Appeals · 1894
6 more not listed; retrieve them via the Exa API.