Arthur Fritsch Foundry & Machine Co. v. Goodwin Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. D. D. Fisher, Judge. STATEMENT. After preliminaries, the petition proceeds as follows : “Plaintiff, for cause of action, states that in the latter part of the year 1900 and early part of the year 1901, it built, furnished and delivered to the defendant, at the special instance and request of the. defendant, ‘one hydraulic press, one hydraulic pump and one elevator,’ which said machinery was valuable to the defendant, and which…
Read the full summary
Appeal from St. Louis City Circuit Court. — How. D. D. Fisher, Judge. STATEMENT. After preliminaries, the petition proceeds as follows : “Plaintiff, for cause of action, states that in the latter part of the year 1900 and early part of the year 1901, it built, furnished and delivered to the defendant, at the special instance and request of the. defendant, ‘one hydraulic press, one hydraulic pump and one elevator,’ which said machinery was valuable to the defendant, and which the defendant received and accepted; that said machinery was of the reasonable value of thirty-three hundred dollars.…
1Opinion of the CourtBland, P. J.
1. The plaintiff: clearly made out a prima facie case entitling it to recover for the value of the machinery furnished. No countervailing evidence on the merits was offered by defendant. It is therefore evident that the learned trial judge was of the opinion that the judgment in the former action was a bar. to a recovery in the present action. The correctness of this ruling is the only question presented by the record for decision. It is the well-settled law of this *421State that where machinery, or other articles are furnished a defendant by plaintiff, under a special contract, that are…
2Cases cited7 opinions
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Mansur v. BottsSupreme Court of Missouri · 1883
- Rude v. MitchellSupreme Court of Missouri · 1888
- Globe Light & Heat Co. v. DoudMissouri Court of Appeals · 1892
- West v. FreemanMissouri Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- North American Graphite Corp. v. AllanCourt of Appeals for the D.C. Circuit · 1950
- Abeles v. WurdackSupreme Court of Missouri · 1955
- Water, Light & Gas Co. v. City of HutchinsonCourt of Appeals for the Eighth Circuit · 1908
- Fourth & First Bank & Trust Co. v. Fidelity & Deposit Co.Tennessee Supreme Court · 1925
- Pemberton v. Ladue Realty & Construction Co.Supreme Court of Missouri · 1949
12 more not listed; retrieve them via the Exa API.