Koegel v. Givens
Decision Date | 31 October 1883 |
Citation | 79 Mo. 77 |
Parties | KOEGEL v. GIVENS, Plaintiff in Error. |
Court | Missouri Supreme Court |
Error to Maries Circuit Court.--HON. A. J. SEAY, Judge.
AFFIRMED.
Smith & Krauthoff and S. Mosby for plaintiff in error.
Edwin Silver for defendant in error.
This is an action begun in a justice's court, and tried de novo in the circuit court, on the following statement:
As the questions to be decided arise principally or entirely on the facts, as shown by the bill of exceptions, we present so much of it as is pertinent. It recites that No instructions were asked or given, and the jury returned a verdict for plaintiff for the amount of the sum sued for. Defendand has brought the case here on writ of error.
There is no question but the statement filed shows a cause of action as on an account stated. “The word ‘settlement’ implies that there were previous transactions between the parties.” Cape Cirardeau & S. L. R. R. Co. v. Kimmel, 58 Mo. 84. To maintain the action it was only necessary to prove that the settlement was made. If he should fail to make this proof he could not fall back on the original account and recover thereon. The defendant objected to plaintiff showing that “he performed work and labor for the defendant.” I do not think there was any substantial error in this. The manner of introducing this proof in a mere formal way, was manifestly as a matter of inducement to show there was a foundation for an adjustment, a settlement, between the parties. “He may prove the earlier transactions, if necessary, as a foundation for the settlement and in order to explain it.” Cape Girardeau, etc., v. Kimmel, supra, 85. But the defendant complains that he was not allowed a like privilege by the trial court. A reference to the bill of exceptions will show, however, that he sought to go much farther. “The defendant then offered to prove the character of the work done--and to show by the testimony of experts that the labor performed by plaintiff was valueless.” This was an attempt to go behind the settlement and open up the whole merits of the antecedent transaction. This was not admissible.
But if there were any merit in the point, that the defendant should have been permitted...
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