National Stamping & Electric Works v. Wicks
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Defendants’ right of recovery must be confined to the facts alleged and proved, as constituting the cause of action. They cannot allege a state of facts and, on failure of proof, recover on another and different state of facts not pleaded. Link v. Vaughn, 17 Mo. 385; Enterprise Soap Works v. Sayers, 51 Mo. App. 310; Marcum v. Smith, 56 Mo.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Defendants’ right of recovery must be confined to the facts alleged and proved, as constituting the cause of action. They cannot allege a state of facts and, on failure of proof, recover on another and different state of facts not pleaded. Link v. Vaughn, 17 Mo. 385; Enterprise Soap Works v. Sayers, 51 Mo. App. 310; Marcum v. Smith, 56 Mo. App. 460; Thompson v. Railroad, • 135. M'o. 217; Waldhier v. Railroad, 71 Mo. 514; Price v. Railroad, 72 Mo. 414; Bullene v. Smith, 73 Mo. 151; Mason v. Railroad, 75 Mo. App. 1; Chitty v.…
1Opinion of the CourtNixon, P. J.
This is a controversy over the purchase price of certain electrical machinery purchased for use in respondents’ electric light plant at Willow Springs. The correspondence leading up to the purchase commenced February 22, 1905, when the respondents wrote the appellant the following letter:
“We are in the market for a 25 k. w. alternator 1100 v., 60 cycle, about 1200 r. p. m., with exciter and switchboard instruments complete. Please give best prices at once, and oblige, Wicks & Peters, Per Howard.” ■
On March 1, 1905, appellant replied as follows:
“We are in receipt of your letter of the 22d and…
2Cases cited9 opinions
- Morgan v. MulhallSupreme Court of Missouri · 1908
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Arthur Fritsch Foundry & Machine Co. v. Goodwin Manufacturing Co.Missouri Court of Appeals · 1903
- Snyder v. BurnhamSupreme Court of Missouri · 1882
- Miller v. WhitsonSupreme Court of Missouri · 1867
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3Cited by2 opinions
- Sinnamon v. MooreMissouri Court of Appeals · 1912
- Gummerson v. Kansas City Bolt & Nut Co.Missouri Court of Appeals · 1914