Dawson v. Quillen
Missouri Court of Appeals
Appeal'from the Carroll Circuit Court.—Hon. James Gibson, Special Judge. (1) The court erred in allowing defendant below to offer testimony in support of the last count in his answer for services rendered plaintiff during the year 1888 for the reason that the items of the account are not set out either in the answer or in the exhibit atthched thereto against the objections of plaintiff below (sec. 2075, R. S. 1891). (2) The court erred in permitting defendant to offer…
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Appeal'from the Carroll Circuit Court.—Hon. James Gibson, Special Judge. (1) The court erred in allowing defendant below to offer testimony in support of the last count in his answer for services rendered plaintiff during the year 1888 for the reason that the items of the account are not set out either in the answer or in the exhibit atthched thereto against the objections of plaintiff below (sec. 2075, R. S. 1891). (2) The court erred in permitting defendant to offer testimony upon the third count in his answer for six months’ board in years 1885, 1886, 1887 and 1888, for the same reasons as…
1Opinion of the CourtSmith, P. J.
—This is an action which was brought by attachment to recover $495 rent.
The answer admitted the renting, but denied there was any agreement as to the amount of rent to be paid. It set forth the further defense that, after the commencement of the action, plaintiff and defendant entered into an agreement by which the plaintiff, in consideration of the surrender of the rented premises and certain crops and personaLproperty then on the premises, to him, was to release the defendant from the payment of the said rent; and that defendant did accordingly so surrender premises, property, etc. There…
2Cases cited9 opinions
- Johnson v. HarmonSupreme Court of the United States · 1877
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Meyer v. McCabeSupreme Court of Missouri · 1880
- Meyer v. ChambersSupreme Court of Missouri · 1878
- City of St. Louis v. SpiegelMissouri Court of Appeals · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Leader Realty Co. v. MarkhamMissouri Court of Appeals · 1912
- American Hardwood Lumber Co. v. NickeyMissouri Court of Appeals · 1901
- Brierre v. Cereal Sugar Co.Missouri Court of Appeals · 1903
- State Ex Rel. Smith v. BoudreauMissouri Court of Appeals · 1935