Beggs v. Shelton
Decision Date | 08 April 1913 |
Citation | 173 Mo. App. 127,155 S.W. 885 |
Parties | BEGGS v. SHELTON. |
Court | Missouri Court of Appeals |
Appeal from Circuit Court, Dunklin County; W. S. C. Walker, Judge.
Action by James Beggs against Lee Shelton. From a judgment for plaintiff, defendant appeals. Reversed and remanded.
J. L. Fort, of Kennett, for appellant. J. P. Tribble, of Kennett, for respondent.
This is an action on an account for work and labor done, material furnished and money alleged to have been paid out by plaintiff on account of defendant, the amount demanded, after allowing credits, being $766.41. At a trial before the court and jury, plaintiff recovered $470, for which judgment was entered. Filing a motion for new trial as well as one in arrest, defendant has duly perfected his appeal to this court.
The judgment in this case must be reversed and the cause remanded for an error in an instruction given at the instance of plaintiff. That instruction told the jury that if they found there was a contract in writing between plaintiff and defendant touching the amount which defendant was to pay plaintiff for doing certain work and furnishing certain materials in remodeling and repairing a building belonging to defendant in which the material, character and extent of the work to be performed was specified and set out and the particulars and value thereof agreed upon, "and shall further find that subsequent to the making of said contract defendant directed plaintiff to make other improvements and perform other labors in the repairing and remodeling of said building, materially different from the terms...
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