Hoffman v. Hiram Lloyd Building & Construction Co.
Missouri Court of Appeals
Appeal from tlie Circuit Court of the City of St. Louis.— Hon. Vital W. Garesche, Judge. (1) Respondent’s answer to the first count of the petition in the case contains in effect a counterclaim in that respondent seeks deduction from the amount claimed by appellant. 34 Oyc., 629; Davidson v. Remington, 12 How. Pr.
Read the full summary
Appeal from tlie Circuit Court of the City of St. Louis.— Hon. Vital W. Garesche, Judge. (1) Respondent’s answer to the first count of the petition in the case contains in effect a counterclaim in that respondent seeks deduction from the amount claimed by appellant. 34 Oyc., 629; Davidson v. Remington, 12 How. Pr. N. iY. 310-11; 1 Bacon’s Missouri Practice, sec. 273, page 298. (2!) The judgment in this case under the first count of plaintiff’s petition did not dispose of all of the issues raised by that count of the petition and respondent’s answer, and should therefore be reversed. Marshall…
1Opinion of the Court
This suit was instituted in the circuit court of the city of St. Louis, on the 16th day of May, 1916. The petition is in two counts. The first count alleged an agreement on the part of plaintiff to sell and of defendant to purchase, one Simon crusher with bin and screens and all fittings for the sum of eight hundred dollars; one Ledgewood engine and boiler No. 233234, cylinder 10 × 12 with all fittings, said engine and boiler to be in working order, for the sum of five hundred dollars; one 8 × 15 Mundy engine and boiler, with all fittings comlete, same to be in working order, for the sum of…
2Cases cited10 opinions
- Thayer-Moore Brokerage Co. v. CampbellMissouri Court of Appeals · 1912
- Gordon v. BrunerSupreme Court of Missouri · 1872
- Lindsey v. NagelMissouri Court of Appeals · 1911
- Hay v. ShortSupreme Court of Missouri · 1871
- Scarritt Estate Co. v. J. F. Schmelzer & Sons Arms Co.Missouri Court of Appeals · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rehm v. FishmanMissouri Court of Appeals · 1965
- Ramos v. RamosMissouri Court of Appeals · 1950