Yeats v. Ballentine
Supreme Court of Missouri
./?ppeal from St. Louis Circuit Court. I. The plaintiffs could not recover on their petition in general indebitatus assumpsit, after admitting the existence of a contract.
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./?ppeal from St. Louis Circuit Court. I. The plaintiffs could not recover on their petition in general indebitatus assumpsit, after admitting the existence of a contract. (8 Mo., 118; Id., 517; 21 Mo., 73; Stout vs. Tribune Co., 52 Mo., 242; 37 Mo., 317; Id., 307.) Yet, while the record shows,and the plaintiff swears, that all the work sued for was done under the contract, they have intentionally stated a different cause of action in their petition, to avoid an issue on the contract, and have recovered cm the contract, the full contract price with 6 per cent, interest from the commencement…
1Opinion of the CourtNapton, Judge
The plaintiffs in this ease are plumbers, and brought this suit to recover from defendant the value of materials and work done on defendant’s house. There were two counts in the petition, but as there was no dispute about the second count, it is unnecessary to notice it.
The defendants set up in their answer to the first count, that the work was done under a special contract, by which plaintiffs agreed to do the work according to certain plans and specifications, and at a fixed price for the aggregate job, and that the work was to be done to the satisfaction' of the defendant and his…
2Cases cited4 opinions
- Hart v. RectorSupreme Court of Missouri · 1842
- Marsh v. RichardsSupreme Court of Missouri · 1859
- Creamer v. BatesSupreme Court of Missouri · 1872
- Stephenson v. SmithSupreme Court of Missouri · 1842
3Cited by58 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Rude v. MitchellSupreme Court of Missouri · 1888
- Haysler v. OwenSupreme Court of Missouri · 1875
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
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