Lowe v. Sinklear
Supreme Court of Missouri
Appeal from Ralls Circuit Court. This was an action before a justice of the peace to recover five dollars and fifty cents for three weeks and four days’ board furnished by plaintiff to defendant.
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Appeal from Ralls Circuit Court. This was an action before a justice of the peace to recover five dollars and fifty cents for three weeks and four days’ board furnished by plaintiff to defendant. The defendant admitted the demand of the plaintiff, but set up an off-set (exceeding, after allowing credits, the demand of plaintiff in the sum of eighty-one dollars and sixty-five cents) for work and labor "done and performed by him in clearing for plaintiff eleven acres of new ground at the rate of eight dollars per acre. At the trial on appeal in the circuit court, it appeared in evidence that…
1Opinion of the CourtRichardson, Judge
Assuming that the defendant was substituted in Weaver’s place in the contract for clearing land, the case must be considered in two aspects: first, as to the defendant’s right to recover on his set-off for any portion of the work that was completed before the substitution; and secondly, for the work subsequently performed. As to the work done before the assignment of the contract, the defendant seeks to re cover as the representative of Weaver, and for that much he can not of course recover, unless he makes a case that would authorize Weaver to maintain an action if he were suing. If Weaver…
2Cases cited3 opinions
- Harney v. OwenIndiana Supreme Court · 1837
- Lee v. AshbrookSupreme Court of Missouri · 1851
- Downey v. BurkeSupreme Court of Missouri · 1856
3Cited by10 opinions
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Creamer v. BatesSupreme Court of Missouri · 1872
- Anderson v. CaldwellSupreme Court of Missouri · 1912
- Moore v. RenickMissouri Court of Appeals · 1902
- Ireland v. SpickardMissouri Court of Appeals · 1902
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