Mound City Paint & Color Co. v. Shooting the Chutes Co.
Missouri Court of Appeals
Writ of Error from the St. Louis City Circuit Court. Hon. L. B. Yalliant, Judge. It will be seen from the transcript and foregoing statement that the only question arising in the case is that presented by the opinion and decision of the circuit judge. Supposing the testimony offered by the plaintiff be true (and for the purposes of this ease the defendant must concede its truth), does the case fall within the statute of frauds? We think that it does not.
Read the full summary
Writ of Error from the St. Louis City Circuit Court. Hon. L. B. Yalliant, Judge. It will be seen from the transcript and foregoing statement that the only question arising in the case is that presented by the opinion and decision of the circuit judge. Supposing the testimony offered by the plaintiff be true (and for the purposes of this ease the defendant must concede its truth), does the case fall within the statute of frauds? We think that it does not. We do not concede the correctness or binding force of the case of Eottmann v. Pohlmann, but even if we should, the two cases are not…
1Opinion of the CourtBland, P. J.
— Plaintiff brought its suit against the defendants in error on an account for $285.71, for paints and oils sold and delivered to Shooting the Chutes Company on the credit of the other defendant, Louis Mette. The suit was begun before a justice of the peace. About the time the suit was instituted the defendant Shooting the Chutes Company made a general assignment for the benefit of its creditors, and plaintiff dismissed as to it. A trial in the justice’s court resulted in a judgment for the defendant, from which it appealed to the circuit court, where, upon a trial ele novo before the judge…
2Cases cited2 opinions
- Mead v. SpaldingSupreme Court of Missouri · 1887
- Rottmann v. PohlmannMissouri Court of Appeals · 1888
3Cited by1 opinion
- New York Life Insurance v. McDearmonMissouri Court of Appeals · 1908