Freiermuth v. McKee
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. Gallatin Craig, Judge. (1) Defendant does not plead accord and satisfaction, nor does the answer give any intimation that any other defense than full payment, would be relied on. The defense of accord and satisfaction must be pleaded. Shaw v. Burton, 5 Mb. 478; 'Wilkerson v. Bruce, 37 Mo.
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Appeal from the Nodaway Circuit Court. — Hon. Gallatin Craig, Judge. (1) Defendant does not plead accord and satisfaction, nor does the answer give any intimation that any other defense than full payment, would be relied on. The defense of accord and satisfaction must be pleaded. Shaw v. Burton, 5 Mb. 478; 'Wilkerson v. Bruce, 37 Mo. App. 156. (2) “Where a party totally omits to allege in the pleading either expressly, or impliedly, a matter essential to his action, or defense, snch defect is irremediable and entirely beyond the salutary effects of a verdict.” 28 Am. and Eng. Ency. of Law,…
1Opinion of the CourtEllison, J.
Plaintiff leased his farm situated in the state of Iowa by written lease to defendant for three years at $450 per year, making a total rent of $1,350. Defendant paid the sum of $1,035.48 of the amount, leaving a bal*66anee, as plaintiff claims, of $314.52. Defendant’s answer admitted the lease and pleaded payment in full. The judgment was for defendant.
Plaintiff’s instructions, given at his request, seem to concede a payment of $1,038.75, and that the balance due was $311.27. Defendant claims to have paid the balance due in this way: That plaintiff told him that if he would sell his wheat and…
2Cases cited3 opinions
- Shaw v. BurtonSupreme Court of Missouri · 1838
- Wilkerson v. BruceMissouri Court of Appeals · 1889
- Hyde v. HazelMissouri Court of Appeals · 1891
3Cited by5 opinions
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Franklin v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903
- First Nat. Bank of Tishomingo v. LathamSupreme Court of Oklahoma · 1913
- Heman v. LarkinMissouri Court of Appeals · 1904
- Poer v. JohnsonIndiana Court of Appeals · 1911