117 Mo. App. 148 | Mo. Ct. App. | 1906
Plaintiff began this action before a justice of the peace by filing the following account:
J. S. Rechnitzer,
Publisher of the Columbia, Grand and Hopkins’ Imperial programs and all first-class advertising-mediums. Artistic printing, lithographing, blank book manufacturing and binding. Estimates cheerfully given. Catalogue price lists. St. Louis, 720 Century Bldg., June, 1903.
“Mr. Henry Vogelsang, acct. for Edw. J., 10th and Olive.
To Mdse, as per bills................$68.00
To> Mdse, as per bills................11.80
$79.80
1903
June 9, By cash................$ 5
June 16, By cash................ 2
7.00
Balance due......................$72.80”
To the account was attached the following paper:
“In first district justice court. J. S. Rechnitzer, plaintiff, v. Henry B. Vogelsang, defendant.
Before Louis C. Spies, Justice of the Peace. “Account.
“Henry B. Vogelsang, to> J. S. Rechnitzer, Dr. $72.80.
“Robert Funkhouser,
“Attorney for Plaintiff.”
The evidence tends to show that in the year 1899, defendant’s- son, Edward Vogelsang, contemplated going into business on his own account and preparatory to doing so wished to purchase some pamphlets, labels, letter-heads and envelopes from plaintiff. Plaintiff refused. to sell the goods to the son for the reason that he was not acquainted with him, but on the recommendation of a friend agreed to sell them if defendant, whom he knew, would stand good for them. Plaintiff’s testimony goes to show the sales were made at defendant’s request on his promise to pay for the goods; that the merchandise was charged to defendant on plaintiff’s business books and he alone was looked to for payment. On June 9, 1903, defendant paid five dollars on the bill, promised to pay some more and in about a week made another payment of two dollars. Defendant swore that he never had any dealings with plaintiff in his life, that one day plaintiff stopped him on ike street and told him he had a bill against his son for $37, which he wished defendant to have his son pay; that defendant told plaintiff the young man was a beginner in business and plaintiff might have to wait awhile; that plaintiff frequently solicited payment on the account from defendant, and on one or two occasions defendant gave him a few dollars because plaintiff represented that he was in distress for money. There was a conflict of testimony as to whether the contract for the sale of the goods was made directly with the defendant or whether the latter only gave a-collateral promise to pay the bill if his son did not.
Complaint is made of the rulings on the instructions and it is contended the statement filed with the justice is insufficient to support the judgment. In our
Those which control this court support it. As an amendment will be allowed, plaintiff may as well state the facts on which he bases his demand; that is to say,
The judgment is reversed and the cause remanded.