T. W. Harvey Lumber Co. v. Herriman & Curd Lumber Co.
Missouri Court of Appeals
Appeal from the Hannibal Gourt of Common Pleas. Hok. Gt. Porter, Special Judge. Appellant’s objection to -the introduction of any evidence should have been sustained. There was no privity of contract between appellant and- respondent. The answer of respondent did not state a cause of action.
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Appeal from the Hannibal Gourt of Common Pleas. Hok. Gt. Porter, Special Judge. Appellant’s objection to -the introduction of any evidence should have been sustained. There was no privity of contract between appellant and- respondent. The answer of respondent did not state a cause of action. Manny v. Frazier, 27 Mo. 419 ; Page v. Becker, 31 Mo. 466 ; Vrooman v. Turner, 69 N. Y. 280. The Herriman & Curd Lumber Company voluntarily entered its appearance in this action; that corporation was not sued by appellant. The suit is against the Herriman & Curd Company, an entirely different corporation.…
1Opinion of the CourtRombauer, P. J.
This suit is for a balance of one hundred and thirty-five dollars and forty-eight cents, claimed to be due upon a bill of lumber sold and delivered. The answer admits the sale and value, but avers a counter-indebtedness of the plaintiff to the defendant to the same extent, and claims a set-off, and judgment for costs. Upon the trial of the cause before a jury, the defendant recovered a verdict, and judgment was entered accordingly, from which the plaintiff prosecutes-this appeal.
The errors assigned are, that the answer stated no valid set-off, and that the court erred in admitting any…
2Cases cited12 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Rogers v. GosnellSupreme Court of Missouri · 1875
- Brown v. WoodSupreme Court of Missouri · 1854
- Flanagan v. HutchinsonSupreme Court of Missouri · 1871
- O'Neil v. CrainSupreme Court of Missouri · 1878
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3Cited by5 opinions
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Stewart v. PrestonSupreme Court of Florida · 1920
- Brown v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1897
- Afflick v. StreeterMissouri Court of Appeals · 1909
- Radford v. HortonMissouri Court of Appeals · 1921