Feeny v. Rothbaum
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. C. A. Mosman, Judge. (1) The petition failed to state a cause of action in that it failed to state when the account sued on accrued. The court erred in overruling defendants’ objection to the introduction of evidence at the opening of the trial, and in refusing defendants’ instructions numbered 1 and 2, and in giving plaintiffs’ instruction number 1. Coal Co. v. Ryan, 48 Mo. App. 512; Mfg. Co. v. Burnes, 59 Mo.
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Appeal from Buchanan Circuit Court. — Eon. C. A. Mosman, Judge. (1) The petition failed to state a cause of action in that it failed to state when the account sued on accrued. The court erred in overruling defendants’ objection to the introduction of evidence at the opening of the trial, and in refusing defendants’ instructions numbered 1 and 2, and in giving plaintiffs’ instruction number 1. Coal Co. v. Ryan, 48 Mo. App. 512; Mfg. Co. v. Burnes, 59 Mo. App. 391; Drey v. Ridpath, 16 Mo. App. 134; Sanderson v. Fleming, 37 Mo. App. 597; Bradish v. James, 83 Mo. 313; Helwell y. Langford, 33 Mo.…
1Opinion of the CourtEllison, J.
The petition alleges that plaintiffs compose a partnership in the plumbing business in the city of St, Joseph, and as such were subcontractors in furnishing material and labor in putting in the plumbing in defendant’s house, and this action is to enforce a mechanic’s lien therefor. The judgment in the trial court was for the plaintiffs.
The account is composed of a number of items not objected to, aggregating with those complained of, the sum of $467.20. Those complained of are as follows :
“Water Company, $4.75; lead in street, $7.50 $12.25
Cleanouts and ferrils 2.50
Plumbing permit, $5.00;…
2Cases cited13 opinions
- Rude v. MitchellSupreme Court of Missouri · 1888
- McDermott v. ClaasSupreme Court of Missouri · 1890
- General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
- Henry v. PlittSupreme Court of Missouri · 1884
- Beatty v. ParkerMassachusetts Supreme Judicial Court · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ladue Contracting Co. v. Land Development Co.Missouri Court of Appeals · 1960
- Putnam v. HeathmanMissouri Court of Appeals · 1963
- S & R Builders & Suppliers, Inc. v. MarlerMissouri Court of Appeals · 1980
- Garavaglia v. J.L. Mason of Missouri, Inc.Missouri Court of Appeals · 1987
- Leach v. BoppMissouri Court of Appeals · 1929
1 more not listed; retrieve them via the Exa API.