U. S. Water & Steam Supply Co. v. Dreyfus
Missouri Court of Appeals
Appeal from Greene Circuit Court. — -Ucm. J. T. Neville, Judge. (1) The plaintiff should not have been allowed to amend the statement showing that it was a corporation after the trial had begun. Defendant denied his liability for any amount except the $14.32 which amount he tendered in full settlement, which amount was accepted with the conditions offered. Plaintiff can not accept a tender and prescribe terms of acceptance.
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Appeal from Greene Circuit Court. — -Ucm. J. T. Neville, Judge. (1) The plaintiff should not have been allowed to amend the statement showing that it was a corporation after the trial had begun. Defendant denied his liability for any amount except the $14.32 which amount he tendered in full settlement, which amount was accepted with the conditions offered. Plaintiff can not accept a tender and prescribe terms of acceptance. It could only accept in full settlement or reject and return the amount tendered. Adams v. Helm, 55 Mo. 468. (2) The letters of defendant to plaintiff disclose terms of…
1Opinion of the CourtReyburn, J.
From a judgment before a justice of the peace, defendant appealed to the circuit court of Greene county, where he raised the objection that the account sued on did not show upon its face whether respondent was a partnership or incorporated; the court permitted respondent to add the words “a corporation” to its title and subsequently an amended statement was filed by leave of court and a jury being waived, the case proceeded to trial before the court.
The evidence developed-that appellant, a resident of Springfield, bought a bill of goods from respondent at office of tiie latter in Kansas City,…
2Cases cited4 opinions
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Stewart v. Van HorneMissouri Court of Appeals · 1902
- Hixon v. SeldersMissouri Court of Appeals · 1891
3Cited by2 opinions
- Vigeant v. Fidelity National Bank & Trust Co.Missouri Court of Appeals · 1945
- Clarkson v. LeeMissouri Court of Appeals · 1908