Morley v. Carlson
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James H. Sloyer, Judge. The case is stated in the opinion. 1. Neither the original, nor amended account, nor the evidence, shows any indebtedness of Carlson to P. J. Morley. There is Morley’s admission that Carlson’s bill against Morley is $511.15, while the charge of $469.80, “cash on account of materials and labor,” is unproved, and not the slightest evidence of the three items last stated is offered. II.
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Appeal from Jackson Circuit Court, Hon. James H. Sloyer, Judge. The case is stated in the opinion. 1. Neither the original, nor amended account, nor the evidence, shows any indebtedness of Carlson to P. J. Morley. There is Morley’s admission that Carlson’s bill against Morley is $511.15, while the charge of $469.80, “cash on account of materials and labor,” is unproved, and not the slightest evidence of the three items last stated is offered. II. Plaintiff had no right to testify that defendant left his work unfinished, or that he abandoned the work. Such evidence was irrelevant to this…
1Opinion of the CourtHall, J.
This was an action for money paid by plaintiff, the original contractor for the erection of a certain building, in satisfaction of certain claims held by various parties for materials furnished and labor performed by them in the construction of the building under-contract with defendant, .a sub-contractor under the plaintiff. The money so paid by plaintiff was in excess of the contract price agreed upon by plaintiff and defendant for the work done by the latter.
The money was paid by plaintiff after notice was served by the parties, to whom it was paid, on the owner of the building, of their…
2Cited by4 opinions
- Chapman v. EnebergMissouri Court of Appeals · 1902
- Kimberly v. AldridgeMissouri Court of Appeals · 1962
- Craig v. UyeokaHawaii Supreme Court · 1933
- Trippensee v. BraunMissouri Court of Appeals · 1904