Valleroy v. Enright
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. William, M. Kinsey, Judge. The motion in arrest should have been sustained. This being a reference by consent of the parties, the court had no power to set aside the referee’s report, in part, and sustaining it as to part, but should have rejected it as a whole, or affirmed it as such. Clark v. Phillips, 99 Mo. 550; Lingenfelder v. Wainwright Brewery Co., 103 Mo. 578; Kansas City H. P. B. Co. v. Pratt, 114 Mo.
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Appeal from St. Louis City Circuit Court.—Hon. William, M. Kinsey, Judge. The motion in arrest should have been sustained. This being a reference by consent of the parties, the court had no power to set aside the referee’s report, in part, and sustaining it as to part, but should have rejected it as a whole, or affirmed it as such. Clark v. Phillips, 99 Mo. 550; Lingenfelder v. Wainwright Brewery Co., 103 Mo. 578; Kansas City H. P. B. Co. v. Pratt, 114 Mo. App. 643. (1) This is not a reference by consent, but one by order of court under the statute. (2) This being a reference under the…
1Opinion of the CourtNortoni, J.
This is á suit on an account for extras furnished in the erection of a building. The finding and judgment were for plaintiff, and defendant prosecutes the appeal.
Plaintiff is a contractor and builder and as such erected a house for defendant under a written contract with him. Some changes were had in the plans as the work progressed and numerous extra charges were made by plaintiff therefor. This suit proceeds on an account setting forth a long list of items for extra work done. Defendant deuied liability on account of *555such charges and averred the extra items for which the suit proceeds were…
2Cases cited7 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
- Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
- Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
- Lack ex rel. Scudder v. BrechtSupreme Court of Missouri · 1901
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3Cited by2 opinions
- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918
- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918