Reifschneider v. Beck
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John. W. MeElhinney, Judge. (1) Where the allegation of the cause of action or defense to which the proof is directed is unproved, not in some particular or particulars only, but-in its entire scope and meaning, it shall not be deemed a case of variance, but a failure of proof.
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon. John. W. MeElhinney, Judge. (1) Where the allegation of the cause of action or defense to which the proof is directed is unproved, not in some particular or particulars only, but-in its entire scope and meaning, it shall not be deemed a case of variance, but a failure of proof. R. S. 1899, sec. 798. (2) A cause alleged to be based on a joint and several contract cannot be sustained by proof of a cause founded on the separate contract of one of the alleged joint promisors notwithstanding the provisions of section 892, R. S. 1899. Myers v.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts)’.— While we have been favored in this case by an exceedingly elaborate and carefully prepared brief and argument on the part of the learned counsel for the appellant, the case is really within a very narrow compass. Whether the reference in this case was made in accordance with section 697, Revised Statutes 1899, by consent of the parties, is not clear. While there is no evidence of a written consent, it does appear that the parties appeared and agreed upon a referee and -the *734cause was thereupon referred to the person so agreed upon, under section 699, R. S. 1899,…
2Cases cited8 opinions
- Cole v. ArmourSupreme Court of Missouri · 1900
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Crews v. LacklandSupreme Court of Missouri · 1878
- Slaughter v. DavenportSupreme Court of Missouri · 1899
- Lack ex rel. Scudder v. BrechtSupreme Court of Missouri · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States Potash Co. v. McNuttCourt of Appeals for the Tenth Circuit · 1934
- American Surety Co. v. Fruin-Bambrick Construction Co.Missouri Court of Appeals · 1914
- Wuchter v. FitzgeraldOregon Supreme Court · 1917
- Wintergerst v. Court of HonorMissouri Court of Appeals · 1914
- Confer Bros. v. CurrierSupreme Court of Minnesota · 1925
5 more not listed; retrieve them via the Exa API.