Legal Opinion

Bodine Aluminum Co. v. Mitauer

Missouri Court of Appeals

Decided September 12, 1989No. 55700PublishedCited by 4 opinions

1Opinion of the Court

GRIMM, Judge.

In this jury-tried action on an account, defendants, Harlin, Louis, and Bernice Mi-tauer, appeal the judgment entered against them individually and as statutory trustees of East Side Metals, Inc., in favor of plaintiff Bodine Aluminum Company, Inc., for $17,064.36. We affirm.

The three defendants raise one point. They assert the trial court abused its discretion “in allowing speculation by [Bodine] as to the weight of the scrap aluminum and fixing of price for an eight (8) month period in a market that was not stable and departing from the prior custom established with defendant…

2Cases cited6 opinions

  1. Leibson v. HenrySupreme Court of Missouri · 1947
  2. Marshall v. EdlinMissouri Court of Appeals · 1985
  3. A. R. D. C. v. State Farm Fire & Casualty Co.Missouri Court of Appeals · 1981
  4. Borbein, Young & Company v. CireseMissouri Court of Appeals · 1966
  5. O'Connor v. EganMissouri Court of Appeals · 1955

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Southwestern Bell Media, Inc. v. RossMissouri Court of Appeals · 1990
  2. Hoskin v. Younger Cemetery Corp.Missouri Court of Appeals · 1992
  3. Bland v. SchubertMissouri Court of Appeals · 1997
  4. In Re R.L. Jones & Sons, Inc.United States Bankruptcy Court, W.D. Missouri · 1996

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