Boeker v. Crescent Belting & Packing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. Win. Zachrits, Judge. STATEMENT. Respondent was engaged under tlie name of the American Rattan Works in the business of manufacturing children’s carts and baby carriages in the city of St. Louis. The appellant, a corporation in the State of New Jersey, manufactured rubber goods, including material for tires for such vehicles.
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Appeal from St. Louis City Circuit Court. — Now. Win. Zachrits, Judge. STATEMENT. Respondent was engaged under tlie name of the American Rattan Works in the business of manufacturing children’s carts and baby carriages in the city of St. Louis. The appellant, a corporation in the State of New Jersey, manufactured rubber goods, including material for tires for such vehicles. Appellant’s agent, W. R. Colcord, requested respondent to permit him to submit samples of rubber tires manufactured by it, and its prices therefor, and in March, 1900, such samples were exhibited to respondent and an order…
1Opinion of the CourtReyburn, J.
1. The appellant assigns as the first error complained of that there was a departure in the amended petition which was based on a cause of action different from that in the original complaint. Upon comparing the two pleadings both contain many allegations in common, and the cause of action in both is predicated upon the warranty of defendant and a breach thereof assigned in both.. Applying the test established by a recent case, the same evidence would substantially have been required in support, and the same judgment rendered in the one as in the other, and there could have *433been no departure.…
2Cases cited2 opinions
- Grigsby v. Barton CountySupreme Court of Missouri · 1902
- Williams v. SandersMissouri Court of Appeals · 1897
3Cited by1 opinion
- Lesan Advertising Co. v. CastlemanSupreme Court of Missouri · 1915