Couser v. Thayer
| Citation | 204 S.W. 27 |
| Decision Date | 10 June 1918 |
| Docket Number | No. 12898.,12898. |
| Parties | COUSER v. THAYER. |
| Court | Court of Appeal of Missouri (US) |
Appeal from Circuit Court, Jackson County; W. R. Moore, Special Judge.
"Not to be officially published."
Action by Thomas Couser against William B. Thayer. Judgment for plaintiff, and defendant appeals. Affirmed.
Chas. R. Pence, of Kansas City, for appellant. S. P. Forsee, of Kansas City, for respondent.
This is a suit to recover the value of material furnished and work performed by plaintiff on defendant's automobile. Defendant took the car, which was not in good running order, to plaintiff, who was in the business of locating automobile troubles and in repairing cars. Plaintiff undertook the work and agreed to put the car in good running order. His bill was for $275, upon which he was paid the sum of $141.80, leaving a balance due of $133.20.
The cause originated in a justice court, and was appealed to the circuit court, where an amended petition was filed stating the facts and asking judgment for $133.83. Defendant pleaded a counterclaim in two counts: First, that plaintiff agreed to repair the automobile and put it in good running order and estimated the charge at $40, which was paid, and that defendant at plaintiff's request advanced to him thereafter the further sum of $100 on the repairs, but plaintiff failed to repair the car and put it in good running order, and therefore defendant asked judgment against plaintiff for $140; second, that plaintiff agreed to repair the automobile and put it in good running order, but plaintiff failed to do so, depriving defendant of the use of the car for 35 days, and requiring defendant to incur an expense for the repair of the automobile by others, all to his damage in the sum of $350. The jury in the circuit court returned a verdict in favor of plaintiff for the sum of $105.05.
Defendant urges that the court erred in refusing to refer the account to a referee. The account consisted of some 85 items covering work and materials furnished in the repair of the car. These items run from 5 cents for material to $209.25 for work. Defendant's evidence shows that he was contesting the propriety of the entire bill, but not any specific charge for the material or work, except that he, in a general way, contended that so much material and work was not necessary. Whether a matter of this kind should be referred is largely in the discretion of the trial court, but, of course, that discretion is subject to...
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