Clarkson v. Lee
Missouri Court of Appeals
Appeal from Mississippi Circuit Court. — Hon. Henry C. Riley, Judge. To determine whether the second petition is an amendment or the substitution of a new cause of action, the following tests must be applied: First. The same evidence must support both petitions. Second. The same measure of damages must apply to both petitions. Scorill v. Glasner, 79 Mo. 449; Liese v. Meyer, 143 Mo. 547; Purdy v. Pfaff, 104 Mo.
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Appeal from Mississippi Circuit Court. — Hon. Henry C. Riley, Judge. To determine whether the second petition is an amendment or the substitution of a new cause of action, the following tests must be applied: First. The same evidence must support both petitions. Second. The same measure of damages must apply to both petitions. Scorill v. Glasner, 79 Mo. 449; Liese v. Meyer, 143 Mo. 547; Purdy v. Pfaff, 104 Mo. App. 331. Neither contract was the cause of action, but, on the contrary, the annual rental on 125 acres of land, described alike in each petition, was the cause of action. The two…
1Opinion of the CourtBland, P. J.
The action is to recover $3.50 per acre as rent for 125 acres of agricultural lands (described in the petition) for one year, beginning August 1,1905, and ending August 1, 1906. The petition states that the contract of lease was entered into on December 16,1902, by Fannie Clarkson, the then guardian of plaintiff, and the defendant; that plaintiff attained her majority before the commencement of the suit, etc. On October 1, 1906, defendant appeared to the action by attorney and filed a general denial. On the third day of April, 1907, plaintiff filed an amended petition in which she alleged…
2Cases cited4 opinions
- Rippee v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Stewart v. Van HorneMissouri Court of Appeals · 1902
- Coleman v. Himmelberger-Harrison Land & Lumber Co.Missouri Court of Appeals · 1904
- U. S. Water & Steam Supply Co. v. DreyfusMissouri Court of Appeals · 1904
3Cited by1 opinion
- Sonnenfeld v. RosenthalSupreme Court of Missouri · 1912