Miller v. Missouri Fire Brick Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Eon. Jas. E. Withrow, Judge. Where overpayments are made through honest mistake of parties as to facts, excess may he recovered back, though no fraud exists. Koonce v. Bank, 51 Mo. 275; McDonald v. Lynch, 59 Mo. 350; Williams v. Carroll County, 167 Mo. 9; Harris v. Board of Education, 2 Mo. App. 570; Davis v. Krum, 12 Mo. App. 279; Lyle v. Shinnebarger, 17 Mo. App. 66; Hanson v. Jones, 20 Mo.
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Appeal from the St. Louis City Circuit Court. — Eon. Jas. E. Withrow, Judge. Where overpayments are made through honest mistake of parties as to facts, excess may he recovered back, though no fraud exists. Koonce v. Bank, 51 Mo. 275; McDonald v. Lynch, 59 Mo. 350; Williams v. Carroll County, 167 Mo. 9; Harris v. Board of Education, 2 Mo. App. 570; Davis v. Krum, 12 Mo. App. 279; Lyle v. Shinnebarger, 17 Mo. App. 66; Hanson v. Jones, 20 Mo. App. 595. Where the verdict of the jury is contrary to the evidence and the weight of the evidence, the court should set aside the verdict and grant a new…
1Opinion of the Court
NORTONI, J. —
This action originated before a justice of the peace. The suit is on an account to recover for services rendered by plaintiff to the defendant in making retorts under an alleged contract with it, by which the price to he paid therefor was fixed at forty cents per foot. In its answer, the defendant denies that it contracted to pay plaintiff forty cents per foot for his services, and alleges that instead, it contracted to pay him the same rate as was then being paid by its competitor, the Laclede Fire Brick Company, for the same services, which turned out to be. $2.85 per standard…
2Cases cited14 opinions
- Koontz v. Central National BankSupreme Court of Missouri · 1873
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Deschner ex rel. Deschner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1906
- Chinn v. NaylorSupreme Court of Missouri · 1904
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
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3Cited by5 opinions
- Picotte v. MillsMissouri Court of Appeals · 1918
- Stahly Cartage Co. v. State Farm Mutual Automobile Insurance Co.Missouri Court of Appeals · 1971
- Morrow v. DowningSupreme Court of Iowa · 1930
- Bone v. FridayMissouri Court of Appeals · 1914
- Mason v. Commerce Trust Co.Missouri Court of Appeals · 1916