85 Mo. App. 337 | Mo. Ct. App. | 1900
— -Tbe petition contains two counts; tbe first is bottomed on a promissory note; tbe second alleged, that “on or about tbe 1st day of December, 1898, an account was stated between plaintiff and defendants, and upon said statement it was found and agreed by and between plaintiff and defendants that there was due from defendants to plaintiff a balance of $618.49, wbicb balance defendants then and there promised to pay, but bad not paid,” etc. Kroell made default. Meysenberg appeared, and for answer denied tbe second count generally, and plead payment to tbe first. A trial was bad before tbe court sitting as a jury. Judgment was recovered by plaintiff on both counts. Meysenberg appealed.
.No declarations of law were asked or given. On tbe trial plaintiff introduced evidence tending to prove tbe second count of tbe petition. To this evidence defendant Meysenberg objected, on tbe ground that no itemized statement of tbe account was filed with, or contained in tbe second count of tbe petition. Tbe objection was overruled and an exception taken. This exception is relied on for a reversal of tbe judgment. There is no merit in tbe exception. An action
The judgment is affirmed.