Samuel C. Davis & Co. v. Strawn
Missouri Court of Appeals
'Error to the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The petition failed to state facts sufficient to constitute a cause of action upon an account stated, since there is no allegation of a balance framed upon an accounting between the parties, and a promise by the defendants to pay the same. Wood v. Farrelly, 9 Mo. App. 370; Newberger v. Friede, 23 Mo. App. 631; Lustig v. Cohen, 44 Mo. App. 271; Marmon v. Waller, 53 Mo.
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'Error to the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The petition failed to state facts sufficient to constitute a cause of action upon an account stated, since there is no allegation of a balance framed upon an accounting between the parties, and a promise by the defendants to pay the same. Wood v. Farrelly, 9 Mo. App. 370; Newberger v. Friede, 23 Mo. App. 631; Lustig v. Cohen, 44 Mo. App. 271; Marmon v. Waller, 53 Mo. App. 610. (2) The judgment, in attempting to fortify itself by reciting a cause of action not stated in the petition, was clearly erroneous. Eoss v. Eoss, 81…
1Opinion of the CourtGriLL, J.
Defendant Strawn has sued out a writ of error, seeking to reverse a judgment by default entered against him and his codefendant. The objections go to the face of the record proper, particularly to the sufficiency of plaintiffs’ petition. After alleging the copartnership relation of the parties to the action, the petition makes a pretended statement of a cause of action as follows: “Plaintiffs say that defendants are justly indebted to them, as a balance due for goods, wares and merchandise, after crediting the $936.59 paid H. H. Banks, assignee, upon the account stated, the sum of $638.06, as…
2Cases cited3 opinions
- Newberger v. FriedeMissouri Court of Appeals · 1886
- Ward v. FarrellyMissouri Court of Appeals · 1880
- Marmon v. WallerMissouri Court of Appeals · 1893
3Cited by2 opinions
- Simrall v. MorrowMissouri Court of Appeals · 1962
- McKenzie v. HallMissouri Court of Appeals · 1922