Brierre v. Cereal Sugar Co.
Missouri Court of Appeals
Appeal from St. .Louis City Circuit Court. — Row. Franklin Ferriss, Judge. (1) There was no such account filed as is required by section 630, Revised Statutes 1899. It was error to admit any evidence in support thereof. Dawson v. Quillan, 61 Mo. App. 676. (2) There was a fatal variance between the pleadings and the proof. The petition alleges a tacit contract to pay the reasonable value of certain goods. The proof disclosed an entirely different agreement.
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Appeal from St. .Louis City Circuit Court. — Row. Franklin Ferriss, Judge. (1) There was no such account filed as is required by section 630, Revised Statutes 1899. It was error to admit any evidence in support thereof. Dawson v. Quillan, 61 Mo. App. 676. (2) There was a fatal variance between the pleadings and the proof. The petition alleges a tacit contract to pay the reasonable value of certain goods. The proof disclosed an entirely different agreement. Hayes v. Bunch, 91 Mo. App. 467; McCormack v. Road, 154 Mo. 202; Squire v. Brew. Co., 90 Mo. App. 462; Evans v. Dugan, 81 Mo. App: 63;…
1Opinion of the CourtReyburn, J.
(after stating the facts as above.) — 1. The case of Dawson v. Quillin, 61 Mo. App. 672, invoked by appellant to maintain the position sought to be upheld, that there was no account filed by plaintiffs here sufficient to comply with the statute, upon examination will be found merely to reiterate, that where a.pleading does not comply with the statutory requirement, the adverse party may exercise bis election between moving to have it made more definite, or at the trial object to the introduction of any evidence to support it, the latter *628being the remedy or course determined on and attempted…
2Cases cited6 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Mansur v. BottsSupreme Court of Missouri · 1883
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- Dawson v. QuillenMissouri Court of Appeals · 1895
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