Dwyer Brick Works v. Flanagan Bros.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The Missouri Legislative Acts of 1891 and 1895, (Revised Statutes 1899, sections 8966 to 8970, inclusive) make such agreements unlawful and deny a recovery of the purchase price of the material to any person belonging to any combination to raise or maintain prices therefor.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The Missouri Legislative Acts of 1891 and 1895, (Revised Statutes 1899, sections 8966 to 8970, inclusive) make such agreements unlawful and deny a recovery of the purchase price of the material to any person belonging to any combination to raise or maintain prices therefor. Bailey v. Plumbers of Memphis, 103 Tenn. 99. (2) “Under the general issue the defendant might prove any fact which went to show, the plaintiff never had a cause of action.” Hoffman v. Parry, 23 Mo. App. 23; Scudder v. Atwood, 55 Mo. App. 512. (3) The…
1Opinion of the CourtBroaddus, J.
This action was begun on the seventh day of December, 1899, and was tried on the twentieth of June, 1900, at which time finding and judgment were for plaintiff, for $411.50, and sustaining a mechanics lien for that amount against the property of defendants Laura Myers and George M. Myers, who have appealed. The plaintiffs Ered J. Dwyer and Bernard Corrigan sue as partners doing business under the firm name of Dwyer Brick Works. The defendants J. W. Flanagan and August Flanagan are sued as partners doing business under the firm name of Flanagan Brothers, and as subcontractors of defendant Matt…
2Cases cited5 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Rude v. MitchellSupreme Court of Missouri · 1888
- Henry v. PlittSupreme Court of Missouri · 1884
- Miller v. HoffmanMissouri Court of Appeals · 1887
- Schulenburg v. BascomSupreme Court of Missouri · 1866
3Cited by7 opinions
- Structo Corp. v. Leverage Investment Enterprises, Ltd.Missouri Court of Appeals · 1981
- State ex rel. O'Malley v. ReynoldsSupreme Court of Missouri · 1916
- Mawson-Peterson Lumber Co. v. SprinkleWyoming Supreme Court · 1943
- Joplin Sash & Door Works v. ShadeMissouri Court of Appeals · 1909
- Berkshire Lumber Co. v. J. S. Chick Investment Co.Missouri Court of Appeals · 1913
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