Dayton Folding Box Co. v. Danciger
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. R. B. Middlebrooh, Judge. (1) The second count in the plaintiff’s petition is not a count on quantum meruit and a reading of the second count shows that in it the plaintiff charges that it sold and delivered to the defendants a carload of hottle wrappers and pads at and for the price and sum of $4.75 per thousand and that the defendants promised- and agreed to pay that price for the pads and that they failed and refused to do so.
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Appeal from Jackson Circuit Court. — Eon. R. B. Middlebrooh, Judge. (1) The second count in the plaintiff’s petition is not a count on quantum meruit and a reading of the second count shows that in it the plaintiff charges that it sold and delivered to the defendants a carload of hottle wrappers and pads at and for the price and sum of $4.75 per thousand and that the defendants promised- and agreed to pay that price for the pads and that they failed and refused to do so. We claim that the allegations contained in the second count in the plaintiffs’ petition charges a count on contract and a…
1Opinion of the CourtJohnson, J.
This is an action to recover the contract price or value of goods sold and delivered by plaintiff to defendants. In the first count of the petition a contract of sale is alleged and the demand *643is for the contract price of the- goods. The second count pleads a cause of action on quantum meruit. The case was here on a former appeal and was remanded for another trial on a ground not material to the present inquiry (138 Mo. App. 17). We held in our opinion that the second count pleaded a cause on quantum meruit and we adhere to that opinion notwithstanding the argument to the contrary in the…
2Cases cited10 opinions
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Rice v. MortonSupreme Court of Missouri · 1854
- Sutter v. RaederSupreme Court of Missouri · 1899
- Globe Light & Heat Co. v. DoudMissouri Court of Appeals · 1892
- Garesche v. President of St. Vincent's CollegeSupreme Court of Missouri · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. BagbySupreme Court of Missouri · 1936
- Kaiser Aluminum & Chemical Sales, Inc. v. Lingle Refrigeration Co.Missouri Court of Appeals · 1961
- American Displays v. ET Swiney MotorsMissouri Court of Appeals · 1951
- Sikes v. ChaneyMissouri Court of Appeals · 1927
- Rob-Lee Corp. v. CushmanMissouri Court of Appeals · 1987
3 more not listed; retrieve them via the Exa API.