Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 31
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ... "wall measurement," which is the measurement established by statute. Acts of 1885, p. 200, sec. 3. It charges for certain brick work, itemized according to kinds of brick and number of each kind used. This is sufficient under several decisions. Hayden. 1;. Wulfing, 19 Mo. App. 353; Johfison '0. Building 00., 23 Mo. App. 546. II. It is next objected that the petition fails to state a cause of action, because the account annexed thereto was not a just and true account, ' within the meaning of section 3176, Revised Statutes. This objection is based upon the following grounds: That there is an item on the debit side, "To allowance made for shortage in building and walls, credit agreed to be given Schawacker, $117.64"; that on the credit side of the account there is a "credit for shortage as abpve, $117.64," from which it is argued that no credit was given; and that, in order to fill out the amount of the contract price of the brick work on the building, which was $3,738, it was necessary to charge up the following items: " To hauling scaffolding for work on-said building..........................$ 20 O0 To use of scaffolding on work on said building.......................... 85 O0 To red paint used in said building, four barrels.......................... 25 39 To allowance made for shortage in build-V ing and walls...................... 117 64 Making a total of.................3248 03" We think these objections untenable. The objection that the item for shortage is on both the debit and the credit side of the account is merely specious, since it is not necessary to put such an item in the account at all; in fact, it is not an item. It was evidently placed there by the draughtsman of the account...
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- 13 Sep 2013
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