W. W. Brown Construction Co. v. MacArthur Bros.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) The judgment by default is conclusive that tbe contracts set forth in the first and third counts of plaintiff’s petition were made and broken as therein set forth. Froust v. Bruton, 15 Mo. 620; Munford v. Wilson, 19 Mo. 672; Price v. Page, 24 Mo. 67; Lombard v. Clark, 33 Mo. 308; Phillips v. Bachelder, 47 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) The judgment by default is conclusive that tbe contracts set forth in the first and third counts of plaintiff’s petition were made and broken as therein set forth. Froust v. Bruton, 15 Mo. 620; Munford v. Wilson, 19 Mo. 672; Price v. Page, 24 Mo. 67; Lombard v. Clark, 33 Mo. 308; Phillips v. Bachelder, 47 Mo. App. 54; Robinson v. Lawson, 26 Mo. 69; Foster v. Smith, 10 Wend. 377; Lannean v. Ervin, 12 Eich. (L.) 31; G-annard v. Dollar, 4 Jones (L.) 175; Ottawa v. Foster, 20 111. 296. (2) The agreement between…
1Opinion of the Court
BOND, C.
The plaintiff and defendant are each corporations engaged in construction work. The defendant had a contract with the Illinois Central Railroad to do a certain construction work in Kentucky. It thereafter entered into a sub-contract with the plaintiff corporation, employing it to do a portion of the work, described in the contract, for the prices therein named: to-wit, ‘ ‘ earth excavating, 19y2 cents per cubic yard; clearing, $25 per acre; grubbing, $8 per station.” This contract between the parties to this suit was in the form of a letter addressed by plaintiff to defendant upon May…
2Cases cited2 opinions
- Barclay v. PicklesSupreme Court of Missouri · 1866
- Clark v. EvansSupreme Court of Missouri · 1876
3Cited by6 opinions
- Electrolytic Chlorine Co. v. Wallace & Tiernan Co.Supreme Court of Missouri · 1931
- Fawkes v. National Refining Co.Supreme Court of Missouri · 1937
- Dugan v. TroutMissouri Court of Appeals · 1954
- Grooms v. MorrisonSupreme Court of Missouri · 1913
- Phelps v. FenixSupreme Court of Missouri · 1939
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