Fruin v. Crystal Railway Co.
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Hon. John W. Emerson, Special Judge. (1) The circuit court erred in overruling defendant’s motion to strike out of plaintiffs’ reply the averments to the effect: That defendant made to plaintiffs certain representations as to the character of rock to be excavated, relying on which plaintiffs made said contract.
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Appeal from Jefferson Circuit Court. — Hon. John W. Emerson, Special Judge. (1) The circuit court erred in overruling defendant’s motion to strike out of plaintiffs’ reply the averments to the effect: That defendant made to plaintiffs certain representations as to the character of rock to be excavated, relying on which plaintiffs made said contract. That said representations were untrue in this, that the rock requiring excavation was flint and not limestone rock, as represented. That in the specification, part of said contract, defendant estimated and represented .to plaintiffs that the rock…
1Opinion of the CourtHenry, C. J.
Plaintiffs sued defendant on a quantum meruit for .work and labor and materials furnished in straightening and grading road-bed and removing old track and relaying the same on the line oi said Crystal railway between Crystal Station on the Iron Mountain road and Hay’s‘Landing on the Mississippi river. The balance claimed is $15,382.33. They obtained a judgment from which defendant has appealed. I de not deem it necessary to copy into this opinion the pleadings or instructions, or to detail the evidence except ■so far as may be necessary to a proper consideration oi the questions involved.
The…
2Cases cited2 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Beebe v. JohnsonNew York Supreme Court · 1838
3Cited by8 opinions
- Snoqualmi Realty Co. v. MoynihanSupreme Court of Missouri · 1904
- Karakey v. MollohanCourt of Appeals of Texas · 1929
- St. Louis Gas Light Co. v. American Fire InsuranceMissouri Court of Appeals · 1889
- Morgner v. KisterSupreme Court of Missouri · 1868
- Dearmin v. SchnellMissouri Court of Appeals · 1897
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