Publishers, George Knapp & Co. v. Pepsin Syrup Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Jesse A. McDonald, Judge. The liability of the defendant is fixed in this case by contract. The terms of the contract are plain, unambiguous, and not open to dispute. The law is well settled that payment' of part of a debt is not a payment of the whole.
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Appeal from St. Louis City Circuit Court. — No». Jesse A. McDonald, Judge. The liability of the defendant is fixed in this case by contract. The terms of the contract are plain, unambiguous, and not open to dispute. The law is well settled that payment' of part of a debt is not a payment of the whole. Defendant is clearly liable for the advertising actually done at thq card rate of the plaintiff, and receipt of the check marked “Payment in full” will not prevent a recovery for the balance due. Riley v. Kershaw, 52 Mo. 224; Banking Co. v. Baker, 99 Mo. App. 660; Winter v. Railroad, 160 Mo.…
1Opinion of the CourtReynolds, P. J.
— This action was commenced before a justice of the peace by plaintiff to recover a balance of $471.46, claimed to be due under a contract for advertising. It was commenced by attachment, and from a judgment in favor of plaintiff before the jus' tice, defendant appealed to the circuit court, where on a trial before the court, a jury having been waived, judgment was rendered in favor of defendant. Plaintiff, after interposing a motion for a new trial and saving exceptions to the order of the court overruling it, has brought the case here on appeal.
Defendant filed no written pleadings and it is…
2Cases cited3 opinions
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- Andrews v. W. R. Stubbs Contracting Co.Missouri Court of Appeals · 1903
- Cornelius v. RosenMissouri Court of Appeals · 1905
3Cited by6 opinions
- Barham v. Bank of DelightSupreme Court of Arkansas · 1910
- Swindell v. Youngstown Sheet & Tube Co.Court of Appeals for the Sixth Circuit · 1916
- Miles v. Macon County BankMissouri Court of Appeals · 1915
- Ellis v. MansfieldMissouri Court of Appeals · 1923
- Bartley v. Pictorial Review Co.Missouri Court of Appeals · 1915
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