Burrough v. White
Missouri Court of Appeals
Appeal from the Jackson Circuit Court, Hon. Turner A. Gítll, J. Statement of case by the court. This is a suit brought by plaintiffs to recover judgment against James G. White and James O’Connor, for hardware furnished them, and to enforce a mechanic’s lien against a certain building of appellants, Rozzelle & Spiker, in the construction of which it is alleged said hardware was used.
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Appeal from the Jackson Circuit Court, Hon. Turner A. Gítll, J. Statement of case by the court. This is a suit brought by plaintiffs to recover judgment against James G. White and James O’Connor, for hardware furnished them, and to enforce a mechanic’s lien against a certain building of appellants, Rozzelle & Spiker, in the construction of which it is alleged said hardware was used. This suit was instituted before a justice of the peace, who, on the trial thereof, rendered judgment against White & O’Connor for the amount of plaintiff’s demand and for the enforcement of mechanic’s lien for the…
1Opinion of the Court
Opinion by
Hall, J.
The appellants contend that the circuit court should have given their demurrer to the evidence, that the account sued on is only, a balance of an account, and that this case is within the rule laid down in Graves v. Pierce (53 Mo. 423); McWilliams v. Allen (45 Mo. 573), and other similar cases cited by them. We do not think that this case comes within that rule. In those cases the statement of the account was a bare statement of the *235balance due, and nothing more. In this case the account contains an itemized' statement of each article sold, the time at which and the price…
2Cases cited3 opinions
- McWilliams v. AllanSupreme Court of Missouri · 1870
- Graves v. PierceSupreme Court of Missouri · 1873
- James v. FaulkeSupreme Court of Missouri · 1870
3Cited by3 opinions
- McMillan & Parker v. Ball & Gunning Milling Co.Missouri Court of Appeals · 1915
- Boland v. WebsterMissouri Court of Appeals · 1907
- McAdow v. MiltenbergerMissouri Court of Appeals · 1898