Fleischmann v. Miller
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — IIon. Jacob Klein, Judge. The plaintiff could not recover, if himself in default in the performance of the contract. Cntetzner v. Fv/rnitu/re Co., 28 Mo. App. 266; Earp v. Taylor, 73 Mo. 617; Downs v. Smit, 15 Mo. App. 583; Hand v. Freund’, 17 Mo.
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Appeal from the St. Louis City Circuit Court. — IIon. Jacob Klein, Judge. The plaintiff could not recover, if himself in default in the performance of the contract. Cntetzner v. Fv/rnitu/re Co., 28 Mo. App. 266; Earp v. Taylor, 73 Mo. 617; Downs v. Smit, 15 Mo. App. 583; Hand v. Freund’, 17 Mo. App. 623. There was no statement of plaintiff’s cause of action filed with the justice, the paper purporting to be a bill, and on which this action is brought,'does not charge defendant with debt, and' the court erred in admitting any evidence for plaintiff' on said bill. R. S. 1879, sec. 2851. The…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace on an account stated in the following language:
“Mr. Henry Miller toJ. Pleischmann.
“For painting the front of the brick house (2 story), No. 2011 N. 9th street, 3 coats of paint and striped..................... $25 00
“All banisters and partitions of said building received 2 coats of white lead paint for the amount of...!................:......... 10 09
“One ceiling, 1 coat of paint................. 1 09
“ The 40 ft. fence also received 2 coats of paint. 5 00
“ $41 00”
*179On trial anew in the circuit court, before a jury, the plaintiff had a…
2Cases cited3 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Fox v. Pullman Palace Car Co.Missouri Court of Appeals · 1884
- Gruetzner v. Aude Furniture Co.Missouri Court of Appeals · 1887
3Cited by10 opinions
- Lemon v. LloydMissouri Court of Appeals · 1891
- Boyd v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Clark v. People's Collateral Loan Co.Missouri Court of Appeals · 1891
- Fisher v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Humphrey v. JohnsonIndiana Court of Appeals · 1920
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