Thompson v. Stearns
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Charles B. Davis, Judge. (1) The petition does not state a cause of action. There is no allegation in the petition that plaintiffs performed tlieir part of the contract sued on. 31 Cyc., page 107; 9 Cyc., páge 719; Bayse v. Ambrose, 32 Mo. 484; Beckman v. Ins. Co., 49 Mo. App. 604. (2) The demurrer to the petition should have been sustained.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Charles B. Davis, Judge. (1) The petition does not state a cause of action. There is no allegation in the petition that plaintiffs performed tlieir part of the contract sued on. 31 Cyc., page 107; 9 Cyc., páge 719; Bayse v. Ambrose, 32 Mo. 484; Beckman v. Ins. Co., 49 Mo. App. 604. (2) The demurrer to the petition should have been sustained. (3) The court erred in overruling defendant’s motions to make the petition more definite and certain. Sec. 1815, R. S. 1909; Davis v. Railroad, 126 Mo. 78. (4) It was the duty of the plaintiffs…
1Opinion of the Court
This action was instituted in the Circuit Court of the city of St. Louis, on the eighth day of December, 1913, by William B. Thompson and Ford W. Thompson, attorneys, against the defendants, in which they seek to collect an attorney's fee alleged to be due them as co-partners. This is the second appearance of this case here. On the first trial there was a decree entered in favor of plaintiffs for $3153, which amount was declared a lien upon the equitable interest of defendant Stearns, and the property held by Garneau as trustee to the use of Stearns. From this judgment both parties appealed.…
2Cases cited6 opinions
- Kersey v. GartonSupreme Court of Missouri · 1883
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Patterson v. PattersonSupreme Court of Missouri · 1906
- Wyler v. RaticanMissouri Court of Appeals · 1910
- Iola Portland Cement Co. v. UllmannMissouri Court of Appeals · 1911
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3Cited by2 opinions
- Dugan v. TroutMissouri Court of Appeals · 1954
- Mutter v. BurgessSupreme Court of Colorado · 1930