St. Joseph Iron Co. v. H. K. Halverson & Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The court erred in permitting the plaintiff, under the pleadings, to offer in evidence the special contract between plaintiff and appellants, and the final estimate of the civil engineer of the Chicago, St. Paul & Kansas City Railroad.
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Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The court erred in permitting the plaintiff, under the pleadings, to offer in evidence the special contract between plaintiff and appellants, and the final estimate of the civil engineer of the Chicago, St. Paul & Kansas City Railroad. The reply to appellants’ answer to interrogatories, which fills the office of a petition in this case, is in form as for a quantum meruit — a common count for work and labor done, of the alleged value of $1,911.69. No contract is pleaded, none filed. The first information the court had that…
1Opinion of the CourtEllison, J.
Plaintiff having recovered a judgment against Lowe & McFall, who were railroad contractors, summoned defendants as garnishees of said Lowe &. McFall. It appears that Shepard, Winston & Co. were the original contractors to construct a portion of a line of railway, and that they sublet to defendants, who, in turn, sublet a portion of their contract to Lowe & McFall. The indebtedness thus arising and due from defendants to Lowe & McFall being the matter now in dispute, the only items of this dispute being two, found under the.head of “remarks” on the margin of “an estimate.”
Defendants answered…
2Cases cited2 opinions
- Mansur v. BottsSupreme Court of Missouri · 1883
- Roy v. BotelerMissouri Court of Appeals · 1890
3Cited by7 opinions
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- McNees v. Southern InsuranceMissouri Court of Appeals · 1897
- McNees v. Southern InsuranceMissouri Court of Appeals · 1895
- Cozad v. ElamMissouri Court of Appeals · 1905
- Goodman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1897
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