International Text-Book Co. v. Schwickrath

• Decision Date: 01 November 1915
• Docket Number: No. 11451.,11451.
• Citation: International Text-Book Co. v. Schwickrath, 179 S.W. 723 (Mo. App. 1915)
• Parties: INTERNATIONAL TEXT-BOOK CO. v. SCHWICKRATH.
• Court: Missouri Court of Appeals

179 S.W. 723

INTERNATIONAL TEXT-BOOK CO. v.SCHWICKRATH.

No. 11451.

Kansas City Court of Appeals. Missouri.

November 1, 1915.

Appeal from Circuit Court, Jackson County; A. C. Southern, Judge.

"Not to be officially published."

Action by the International Text-Book Company against Andrew Schwickrath.Judgment for defendant, and plaintiff appeals.Affirmed.

Stubenrauch & Hartz, of Kansas City, for appellant.Metcalf, Brady & Sherman, of Kansas City, for respondent.

ELLISON, P. J.

This action is based on a written contract whereby for $109.60 plaintiff was to furnish defendant with a scholarship in the International Correspondence Schools entitling him to a course of "instruction in E. A. D. complete electrical engineering," the instruction being given by correspondence, including instruction papers, examination questions, drawing plates, and corrected work.The contract provided that these should be sent to him through the mails.Defendant paid $10 in cash, and was to pay plaintiff the balance in monthly installments of $5 each.The case was tried without a jury, and the court found for defendant; that result being reached by the court's finding that plaintiff had failed to comply with its contract.The evidence fully sustains this conclusion of the court.The court declared the law to be that, as plaintiff had not furnished defendant any...