Quigley v. King
Missouri Court of Appeals
Appeal from Greene Circuit Court. — How. Arch A. Johnson, Judge. (1) The court erred in refusing to submit the counterclaim of the defendant to the jury. Norris v. Letchworth, 140 Mo. App. 19; Norris v. Letchworth, 152 S. W. par. 421; and eases cited by court. (2) The court erred in directing the jury to find a specific sum as interest, but should have left the calculation to the jury. Corbett v. Mooney, 84 Mo.
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Appeal from Greene Circuit Court. — How. Arch A. Johnson, Judge. (1) The court erred in refusing to submit the counterclaim of the defendant to the jury. Norris v. Letchworth, 140 Mo. App. 19; Norris v. Letchworth, 152 S. W. par. 421; and eases cited by court. (2) The court erred in directing the jury to find a specific sum as interest, but should have left the calculation to the jury. Corbett v. Mooney, 84 Mo. App. 645; Cates v. Nickell, 42 Mo. 169; Burghart v. Brown, 60 Mo. 24; Johnson v. Grayson, 130 S. W. 673, 1. c. 680; Schilling v. Speck, 26 Mo. 489. (1) The action of the court in…
1Opinion of the Court
OPINION.
•FARRINGTON, J.
It is elementary that a plaintiff cannot sue on one cause of action and recover on another. One pleading an express contract will not be permitted to recover on one implied. [Canaday v. United Rys. Co., 134 Mo. App. 282, 114 S. W. 88; Michael v. Kennedy, 166 Mo. App. 462, 466, 148 S. W. 983; Walker v. Bohannon, 243 Mo. l. c. 137, 147 S. W. 1024.
*206Although it is true, as stated by respondents, that after verdict every reasonable intendment is brought to aid the pleading assailed (Oglesby v. Railway Co., 150 Mo. 137, 37 S. W. 829; Farmers Bank v. Assurance Co., 106 Mo. App.…
2Cases cited19 opinions
- Walker v. BohannanSupreme Court of Missouri · 1912
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- Fullerton v. FordyceSupreme Court of Missouri · 1894
- Huston v. TylerSupreme Court of Missouri · 1897
- Norris v. LetchworthMissouri Court of Appeals · 1912
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3Cited by7 opinions
- Malmberg v. BaughUtah Supreme Court · 1923
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- ASSOCIATED GROCERS'COMPANY OF ST. LOUIS, MO. v. CroweMissouri Court of Appeals · 1965
- Fuqua v. Lumbermen's Supply Co.Missouri Court of Appeals · 1934
- Shoemaker v. JohnsonMissouri Court of Appeals · 1918
2 more not listed; retrieve them via the Exa API.