131 Mo. App. 654 | Mo. Ct. App. | 1908
The petition is in two counts. The first one states that the estate of R. A. Mulloy is indebted to plaintiff in the sum of $797.46, as balance due him for twenty-seven months’ work and labor per-, formed for R. A. Mulloy, at the agreed wage of forty dollars per month. The second count is to recover an alleged balance of $98.60, due on a promissory note (filed with the petition) executed by R. A. Mulloy in liis lifetime and payable to plaintiff. The answer is first, a general denial and, second, four separate counterclaims. The first counterclaim states that plaintiff is indebted to the estate of R. A. Mulloy in the sum of $1,409.34, on account of beer sold and delivered to plaintiff by R. A. Mulloy in his lifetime, an itemized account of which (alleged to have been furnished by plaintiff to defendant) was filed with the answer. The second counterclaim states that plaintiff owes the estate of R. A. Mulloy the sum of $917.18, on account of beer, ice and soda water sold for him by plaintiff as the agent or employee of said R. A. Mulloy in his lifetime, for