Valley Farm Dairy Co. v. Horstmeier

WELBORN, Commissioner.

Appeal from judgment of dismissal, on motions of defendants, of plaintiff’s petition seeking recovery of $38,893.56 on an open account.

Valley Farm Dairy Co., Inc., filed suit in the St. Charles County Circuit Court, on October 10, 1966, against Emil Horst-meier and Donald Meers. The claim was based on an account for milk and dairy products sold by plaintiff to the defendants, commencing in 1955, and ending in December, 1963.

The defendants filed motions to dismiss on the grounds that a previous action between the same parties on the same claim in the same court had been…