Richard Brown & Son Contracting Co. v. Bambrick Bros. Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) The second count of the petition fails to state facts sufficient to constitute a cause of action. Each separate statement must of itself be a complete cause of action.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) The second count of the petition fails to state facts sufficient to constitute a cause of action. Each separate statement must of itself be a complete cause of action. Phillips on Code Pleading, sec. 203, p. 182. But if in violation of rules of pleading, you consider all the allegations of the first count of the petition inserted in the second, the allegations of the second count would not be sufficient to state a' cause of action. Boeclder v. Railroad, 10 Mo. App. 448. (2) The verdict is the result of false…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff as a result of a breach of contract. Plaintiff recovered and defendánt appeals.
Both plaintiff and defendant are incorporated companies. Plaintiff conducts the business of excavating and moving earth, while defendant owns and operates a stone quarry. It appears the parties entered into a written contract of date October 10, 1905, whereby plaintiff agreed to grade defendant’s lot of ground at Twenty-second and Florissant avenue in St. Louis “down to the rock” and dump the clay into a quarry hole mentioned therein, for which it was to receive from…
2Cases cited14 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Queen City Furniture & Carpet Co. v. CrawfordSupreme Court of Missouri · 1895
- Scadden Flat Gold Mining Co. v. ScaddenCalifornia Supreme Court · 1898
- Bommer v. American Spiral Spring Butt Hinge Manufacturing Co.New York Court of Appeals · 1880
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3Cited by8 opinions
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- D'Yarmett v. School Dist. No. 27, Canadian CountySupreme Court of Oklahoma · 1919
- Lucas v. Hamilton Realty Corp.Court of Appeals for the D.C. Circuit · 1939
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