N. O. Nelson Manufacturing Co. v. Mitchell
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leeoy B. Yalliant, Judge. (1) The circuit court erred in overruling defendant’s objections to the introduction of any evidence, because the petition does not state facts sufficient to constitute a cause of action, and because the items of the account were not set forth in the petition, nor was there any account filed with the petition.
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Appeal from the St. Louis City Circuit Court. — Hon. Leeoy B. Yalliant, Judge. (1) The circuit court erred in overruling defendant’s objections to the introduction of any evidence, because the petition does not state facts sufficient to constitute a cause of action, and because the items of the account were not set forth in the petition, nor was there any account filed with the petition. R. S. 1879, sec. 3547; State exrel. ». Smith, 89 Mo. 408; Me Williams r>. Allan, 45 Mo. 573; Boylañ v. Steamboat, 40 Mo. 244; Biodde v. Allen, 21 Mo. 20; Labodie v. Maguire, 6 Mo. App. 573; Bliss on Code…
1Opinion of the CourtBiotas, J.
The plaintiff sued to recover the reasonable value of certain materials furnished, and work done by it, in making improvements in a building, alleged to belong to defendant, and situated in the city of St. Louis. The defendant answered and averred a special contract which the plaintiff had failed to observe, not only as to the work done; but in reference to the character of the *324materials furnished, by reason of which he claimed damages in the sum of five hundred dollars. The defendant’s answer also contained a general denial. The plaintiff put in issue the new matter in the answer by its…
2Cases cited3 opinions
- Groll v. TowerSupreme Court of Missouri · 1884
- Link v. VaughnSupreme Court of Missouri · 1853
- Field v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1882
3Cited by2 opinions
- State v. MillerMissouri Court of Appeals · 1891
- Precision Metal Workers v. Northside Mercantile Co.Missouri Court of Appeals · 1926