B. Roth Tool Co. v. Champ Spring Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Daniel Cf. Taylor, Judge. Where part of a pleading is adjudged insufficient, but enough remains to constitute a good petition, the issue so remaining must be tried just as if the parts eliminated had never been embodied in the petition. Munford v. Keet, 154 Mo. 49. Upon striking out parts of the third amended petition the court lost jurisdiction to proceed further in the case.
Read the full summary
Appeal from St. Louis City Circuit Court. — No». Daniel Cf. Taylor, Judge. Where part of a pleading is adjudged insufficient, but enough remains to constitute a good petition, the issue so remaining must be tried just as if the parts eliminated had never been embodied in the petition. Munford v. Keet, 154 Mo. 49. Upon striking out parts of the third amended petition the court lost jurisdiction to proceed further in the case. The law declared in Munford v. Keet was stated with reference to the first answer filed. This rule could not prevail as to the third amended petition because it is…
1Opinion of the CourtGoode, J.
(after stating the facts). — We find no error Avas committed in striking out the notice to terminate the lease which, in fact, Avas irrelevant to the cause of action stated. Moreover, it was not the proper way to aver the giving of notice by defendant of an intention to terminate the lease. But the essential allegation in this connection is that, during the life of the lease and before the expiration of the six months’ notice, defendant turned off the steam from the premises and declined further to provide it. That was a sufficient averment of the breach of the contract without including: *607the…
2Cases cited1 opinion
- Munford v. KeetSupreme Court of Missouri · 1900
3Cited by4 opinions
- Bryan v. Louisville & Nashville RailroadSupreme Court of Missouri · 1922
- B. Roth Tool Co. v. Champ Spring Co.Missouri Court of Appeals · 1909
- Voorhees v. Louisiana Purchase Exposition Co.Supreme Court of Missouri · 1912
- Robinson & Co. v. LigonMissouri Court of Appeals · 1910