Trippensee v. Braun
Missouri Court of Appeals
Appeal from Cole Circuit Court . — Hon. James E. Hasell, Judge. (1) When one party voluntarily pays the debt of another he; can only recover of the party for whom he paid, in the way and manner and under the circumstances and showing as enunciated, contemplated and declared in instructions 6 and 8, as they read before the modifications and changes therein were made by the court. Watkins v. Richmond College, 41 Mo. 303; Morley v. Carlson, 27 Mo. App. 5; Heege v. Fruin, 18 Mo.
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Appeal from Cole Circuit Court . — Hon. James E. Hasell, Judge. (1) When one party voluntarily pays the debt of another he; can only recover of the party for whom he paid, in the way and manner and under the circumstances and showing as enunciated, contemplated and declared in instructions 6 and 8, as they read before the modifications and changes therein were made by the court. Watkins v. Richmond College, 41 Mo. 303; Morley v. Carlson, 27 Mo. App. 5; Heege v. Fruin, 18 Mo. App. 139. (2) It was error to refuse instructions 2 and 5. The claim of Braun that he paid the debts to protect the…
1Opinion of the CourtBroaddus, J.
The plaintiff’s suit is to enforce a mechanic’s lien. Plaintiff was a subcontractor, defendant Braun the contractor and defendant Parker owner of the property sought to be charged with the lien. The only questions arising in the case relate to certain setoffs pleaded by the contractor Braun. Under plaintiff’s contract for work and material he was to have $1,080 and he claims that he did extra work which was of the value of $33. He credits defendant Braun with cash payments amounting to $625, and for two thousand bricks, $80.
Defendant Braun admits that plaintiff is entitled to a credit of $9…
2Cases cited1 opinion
- Morley v. CarlsonMissouri Court of Appeals · 1887