Denney v. Spot Martin, Inc.

STONE, Presiding Judge.

In this jury-tried action on quantum meruit for the reasonable value of chat removed by defendant, Spot Martin, Inc., from a chat pile which plaintiff, C. F. Denney d/b/a Joplin Lime Products Company, had a right to sell, defendant appeals from a judgment of $5,871.40. Defendant admitted in the trial court, and here admits, its indebtedness to plaintiff in the sum of $1,237.56, this figure reflecting defendant’s contention that it removed from plaintiff’s chat pile only 6,187.8 tons of the reasonable market value of 20‡ per ton. On the other hand, plaintiff’s position…