Globe Light & Heat Co. v. Doud
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. Statement by tire court. This is an action to enforce a mechanics’ lien.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. Statement by tire court. This is an action to enforce a mechanics’ lien. The petition contains two counts — the first is based on a contract in writing, whereby the plaintiff agreed to furnish and place same in a certain hotel building then being erected, a gas machine and the piping for the purpose of lighting said building, and to run a line of fuel piping and to furnish asbestos grates for heating purposes. The contract specified the quality of the material and fixtures to be furnished, and contained a guarantee that “all…
1Opinion of the CourtGill, J.
I. It will be seen that plaintiff framed its petition on two counts — one on the special contract, and the other on quantum meruit. When the evidence was all in, defendants moved the court to require plaintiff to elect upon which count it would proceed and take *446the verdict of the jury. The court overruled this motion, and this action by the court is now assigned as error. The trial judge in this matter was entirely correct. It is well settled in this state that the petition may allege the same cause of action in two counts so as to meet any possible state of the proof. Brinkman v. Hunter, 73…
2Cases cited6 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- McMurray v. TaylorSupreme Court of Missouri · 1860
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Mohney v. ReedMissouri Court of Appeals · 1890
- Gorman v. SagnerSupreme Court of Missouri · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Arthur Fritsch Foundry & Machine Co. v. Goodwin Manufacturing Co.Missouri Court of Appeals · 1903
- Holm v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1910
- Bucknam v. BucknamSupreme Court of Missouri · 1941
- Kaiser Aluminum & Chemical Sales, Inc. v. Lingle Refrigeration Co.Missouri Court of Appeals · 1961
8 more not listed; retrieve them via the Exa API.