Guarantee I. Fixture Co. v. St. Louis A. L. Baseball Co.

• Decision Date: 03 January 1911
• Citation: 152 Mo. App. 601,133 S.W. 849
• Parties: GUARANTEE INTERIOR FIXTURE CO. v. ST. LOUIS AMERICAN LEAGUE BASEBALL CO.
• Court: Missouri Court of Appeals

133 S.W. 849

152 Mo. A. 601

GUARANTEE INTERIOR FIXTURE CO. v. ST. LOUIS AMERICAN LEAGUE BASEBALL CO.

Springfield Court of Appeals. Missouri.

January 3, 1911.

Rehearing Denied February 6, 1911.

1. COURTS (§ 488)—JURISDICTION—TRANSFER OF CAUSE.

Where the St. Louis Court of Appeals transferred a cause to the Springfield Court of Appeals before appellant had prepared his abstract and brief, and the parties thereafter filed their abstract and briefs in the Springfield Court of Appeals and made no objection to its jurisdiction, the parties submitted the cause to that court for determination.

2. JUSTICES OF THE PEACE (§ 150)—APPEAL— PLEADING—SUFFICIENCY.

Where an objection to the sufficiency of a statement of a cause of action in justice's court is made for the first time in the Court of Appeals, the judgment must be affirmed, unless the statement is fatally defective and insufficient to support a judgment.

3. JUSTICES OF THE PEACE (§§ 91, 101)— PLEADING—SUFFICIENCY.

A statement in justice's court need merely be definite enough to fairly inform defendant of the nature of the demand and to furnish a sufficient basis for a plea of former adjudication in the event of a final judgment, and, in construing a statement, great liberality will be observed, especially where no attack is made on the sufficiency of the statement until after verdict.

4. JUSTICES OF THE PEACE (§ 101)—PLEADING —SUFFICIENCY.

A statement in justice's court giving the name of the parties and stating the cause of action as "4 boxes as per sketch 140.00," was sufficient where defendant knew about the transaction out of which the suit grew and went to trial without asking that the statement be made more definite.

5. APPEAL AND ERROR (§ 215)—OBJECTIONS BELOW—NECESSITY—INSTRUCTIONS.

A party must object to the giving of an instruction before his exceptions thereto will be available on appeal.

6. COURTS (§ 91)—CONTROLLING DECISIONS.

The decisions of the Supreme Court are conclusive on the Court of Appeals.

Appeal from St. Louis Circuit Court; Eugene McQuillin, Judge.

Action by the Guarantee Interior Fixture Company against the St. Louis American League Baseball Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Lyon & Swarts and Dwight D. Currie, for appellant. L. G. Pope and H. B. Davis, for respondent.

NIXON, P. J.

This case originated before a justice of the peace on the following statement: "St. Louis, Mo., April 12, 1909. St. Louis American League Baseball Co., 701 Times Bldg. To Guarantee Interior Fixture Co., Dr., Manufacturers of Bank, Office and General Store Fixtures, 2800-2802 Dodier Street. Telephone, Kinloch, Central, 2192. 4 Boxes as per sketch, 140.00. $140.00." The defendant prevailed before the justice, but upon trial de novo in the circuit court the plaintiff obtained judgment for $140, whereupon defendant perfected an appeal to the St. Louis Court of Appeals. Before the appellant had prepared its abstract and brief, the cause was transferred to this court, and the appellant filed its abstract and brief in this court, as did the respondent. By filing the abstract and briefs in this court and making no objection whatsoever to its jurisdiction the parties submitted the case to us for determination.

The evidence showed that defendant's secretary, L. H. Rickart, in March, 1908, requested plaintiff to submit plans and figures on the manufacture of boxes to hold tickets to the reserve and box seats situated in defendant's grand stand at its ball park in the city of St. Louis; that plaintiff's representative, A. J. Rechten, called upon Mr. Rickart, and was given to understand what was wanted, and it was agreed on the next day that the four boxes should cost $140. Defendant's evidence tended to show that it was understood the two smaller boxes were to weigh 15 pounds each and the two larger ones 18 pounds each, so they could be readily carried about, one in each hand. Plaintiff's witnesses denied that anything was said to them concerning the weight of the boxes previous to the time they were delivered. When the boxes were delivered, the two smaller ones weighed 42½ pounds each and the larger ones 52½ pounds each, and the defendant's president refused to pay...