Rivers v. Blom
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Son. Jas. E. Withrow, Judge. (1) The ruling of the referee excluding evidence as to the third counterclaim set up by defendant, on the theory of a compromise or forgiveness of such counterclaim, or a mutual discharge and release of alleged countersuits between appellant and Greimer, was clearly erroneous. Defendant had well pleaded this third counterclaim in his answer.
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Appeal from St. Louis City Circuit Court. — Son. Jas. E. Withrow, Judge. (1) The ruling of the referee excluding evidence as to the third counterclaim set up by defendant, on the theory of a compromise or forgiveness of such counterclaim, or a mutual discharge and release of alleged countersuits between appellant and Greimer, was clearly erroneous. Defendant had well pleaded this third counterclaim in his answer. The plaintiff in his reply had simply pleaded a general denial. He did not set up any “new matter, not inconsistent with the petition, constituting a defense to the new matter in the…
1Opinion of the CourtMarshall, J.
The defendant contracted with one M. 0. Geimer to build for him two houses, Nos. 1715 and 1717, Allen avenue, in the city of St. Louis, and employed the plaintiff, as an architect and superintendent, to supervise the work. When the buildings were finished a dispute arose between Blom and Geimer, and upon Rivers’ advice, Blom sued Geimer for damages for improper and faulty construction. Thereupon, Geimer sued Blom in a separate action for the balance due under his contract. Blom and Geimer compromised their controversy and both said suits were accordingly dismissed. Afterwards, Rivers began…
2Cases cited13 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Greenway v. JamesSupreme Court of Missouri · 1864
- Kersey v. GartonSupreme Court of Missouri · 1883
- St. Louis Agricultural & Mechanical Ass'n v. DelanoSupreme Court of Missouri · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Der Weer v. Hess Oil Virgin Islands Corp.Superior Court of The Virgin Islands · 2016
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Wechsler v. DavisMissouri Court of Appeals · 1922
- State Ex Rel. Isaacson v. TrimbleSupreme Court of Missouri · 1934
- Pennsylvania Co. v. Laughlin, Pennsylvania Court of Common Pleas, Philadelphia County1942