Bell v. Peper Tobacco Warehouse Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court— Hon. H. D. Wood, Judge. (1) There is no evidence in the record of any express contract between plaintiff and defendant relating to his employment as manager, or relating to- the amount of his salary after the 1st day of May, 1892. (a) The evidence and especially the account of the plaintiff on defendant’s books kept by plaintiff himself negatives any such express contract, (b) The evidence clearly shows that aside from the resolution…
Read the full summary
Appeal from St. Louis City Circuit Court— Hon. H. D. Wood, Judge. (1) There is no evidence in the record of any express contract between plaintiff and defendant relating to his employment as manager, or relating to- the amount of his salary after the 1st day of May, 1892. (a) The evidence and especially the account of the plaintiff on defendant’s books kept by plaintiff himself negatives any such express contract, (b) The evidence clearly shows that aside from the resolution of June 9, 1892, there is no- entry in any of defendant’s books making any reference to, or giving the plaintiff credit…
1Opinion of the CourtBurgess, J.
This is a suit to recover $18,684.87 alleged to be a balance due plaintiff on account of salary as manager of defendant from May 1, 1889, to February 15,1904, at the rate of one thousand five hundred dollars for the first year, eighteen hundred dollars for the second year, and twenty-five hundred dollars for the third year, and at the rate of twenty-five hundred dollars per year from May 1, 1892. The petition originally contained two counts, the first upon an alleged contract, and the other upon quantum meruit; but the plaintiff, after defendant’s motion for nonsuit at the close of…
2Cases cited30 opinions
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- Home Fire Insurance v. BarberNebraska Supreme Court · 1903
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Pew v. First National BankMassachusetts Supreme Judicial Court · 1881
- Tatterson v. Suffolk Manufacturing Co.Massachusetts Supreme Judicial Court · 1870
25 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. Shawhan v. EllisonSupreme Court of Missouri · 1918
- Smith v. BaileyMissouri Court of Appeals · 1919
- Williams v. John T. Hesser Coal Co.Missouri Court of Appeals · 1921
- Hughes v. FoltzMissouri Court of Appeals · 1910
- Doerr v. LaughlinMissouri Court of Appeals · 1921
1 more not listed; retrieve them via the Exa API.