75 Mo. App. 150 | Mo. Ct. App. | 1898
This action is based on,a petition containing two counts, the first on a promissory note and the second on an account for goods, wares and merchandise sold by plaintiff to defendants. The judgment below was for plaintiff on the second count. Defendant Shirley appeals.
Plaintiff thereupon filed his amended petition by adding a second count thereto based on' a contract whereby they delivered to defendants one hundred and forty thousand shingles part of the value of $3.20 per thousand and part of the value of $3.10 which defendants were to sell on commission of one half the profit, which latter sum with the value of the shingles amounting to $206.56 was to be paid to plaintiff. Defendant Shirley filed a general denial to said second count. After the cause had been heard by the court without a jury, but before a decision thereon, plaintiff filed his second amended petition, wherein he stated that the consideration of the note in the first count was for the sale of one hundred and forty thousand shingles by plaintiff to defendants at an average price of $3.15 per thousand and one half of the profits defendants might make in resale of the shingles. That said sums amounted to $206.56, for which judgment was asked.
We think the judgment for the right party and it is affirmed.