McInturf v. Redell Manufacturing & Supply Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — No». D. E. Blair, Judge. (1) The plaintiff cannot plead one cause of action and recover on another.
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Appeal from Jasper Circuit Court. — No». D. E. Blair, Judge. (1) The plaintiff cannot plead one cause of action and recover on another. Buffington v. Railroad, 64 Mo. 246; Milling Co. v. Transit Co., 122 Mo. 258; Obert v. Dunn, 140 Mo. 476. (2) "Where the declaration is on a special .contract, the contract must be proved as set forth or the plaintiff cannot recover. 1 Wait’s Act. and Def., p. 390, sec. 2; Lanitz v. King, 93 Mo. 513. (3) The contract pleaded here is the basis of the petition and is not merely a matter of inducement, and the one offered in evidence is not the one pleaded and…
1Opinion of the Court
GRAY, J. —
Tbis is an action to recover rent alleged to be due under a written lease. Tbe respondent at tbe time tbe lease was executed, was tbe owner of a building in Jasper county, and tbe appellant was a wholesale liquor dealer, and one Tony Caylor was conducting a saloon in tbe building. Tbe appellant bad loaned Caylor tbe money to pay for bis license, and also owned tbe dramshop fixtures. That on tbe 10th day of March, 1909, tbe parties executed a written lease, by the° terms of which tbe defendant rented tbe building for a period of one year from tbe first day of April, 1909, at a rental…
2Cases cited4 opinions
- Greenway v. JamesSupreme Court of Missouri · 1864
- Young v. GlascockSupreme Court of Missouri · 1883
- People's Bank v. StewartMissouri Court of Appeals · 1909
- Alt v. HobbsMissouri Court of Appeals · 1895