Alexander v. Scott
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon Eugo • Muench, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained, there being no evidence that an account had been stated. Railroad v. Com. Co., 71 Mo. App. 299; Lustig v. Cohen, 44 Mo. App. 274; Marmon v. Waller, 53 Mo. App. 610. (2) The account given-plaintiff by Mr. Baker did not constitute a stated account. Marmon v. Waller, 53 Mo. App. 610; Railroad v. Com. Co., 71 Mo.
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Appeal from St. Louis City Circuit Court. — Eon Eugo • Muench, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained, there being no evidence that an account had been stated. Railroad v. Com. Co., 71 Mo. App. 299; Lustig v. Cohen, 44 Mo. App. 274; Marmon v. Waller, 53 Mo. App. 610. (2) The account given-plaintiff by Mr. Baker did not constitute a stated account. Marmon v. Waller, 53 Mo. App. 610; Railroad v. Com. Co., 71 Mo. App. 299; Kenneth Inv. Co. v. Bank, 96 Mo. App. 125; Brew Co. v. Berney, 90 Mo. App. 96; McKeen v. Bank, 74 Mo. App. 281; Lustig v. Cohen, 44…
1Opinion of the CourtReynolds, P. J.
This action was commenced before a justice of the peace by the plaintiff, respondent here, against the defendants, as co-partners, the statement filed before the justice setting out that plaintiff had been employed by the defendants to do certain work of grading, building and constructing the Yalewood levee in Issequena county, Mississippi; that on the 12th day *217of May, 1905, plaintiff completed the work he had contracted to do, “and on said date there was taken and stated an account between plaintiff and defendants, and a full settlement was agreed upon between them. That it was found and…
2Cases cited4 opinions
- Powell v. Pacific RailroadSupreme Court of Missouri · 1877
- Koegel v. GivensSupreme Court of Missouri · 1883
- Estes v. Hamilton-Brown Shoe Co.Missouri Court of Appeals · 1893
- Ottofy v. WinsorMissouri Court of Appeals · 1909
3Cited by4 opinions
- Siegel v. EllisSupreme Court of Missouri · 1956
- Chisler v. StaatsMissouri Court of Appeals · 1973
- Wiggins v. WestonSupreme Court of Missouri · 1960
- Rice's Feed Service, Inc. v. DodsonMissouri Court of Appeals · 1995