Miller v. Pepperling

Decision Date03 November 1914
Docket NumberNo. 13703.,13703.
Citation170 S.W. 328,185 Mo. App. 222
PartiesMILLER v. PEPPERLING.
CourtMissouri Court of Appeals

Appeal from St. Louis Circuit Court; Geo. H. Shields, Judge.

Action by Harrison Miller against Theodore L. Pepperling.From a judgment for the plaintiff in the circuit court on an appeal from a justice of the peace, the defendant appeals.Affirmed.

Wm. Hilkerbaumer and C. F. Schneider, both of St. Louis, for appellant.Wm. S. Wittler, of St. Louis, for respondent.

ALLEN, J.

This action was begun before a justice of the peace, where plaintiff had judgment.Upon defendant's appeal to the circuit court, and a trial de novo there, before the court without a jury, plaintiff again prevailed, and the case is here upon defendant's appeal.

It appears that plaintiff is a carpenter and builder, and defendant a dentist; that an oral agreement was entered into between them whereby it was agreed that defendant would purchase certain ground in the city of St. Louis and supply the necessary money for the erection of four houses thereupon, and that the plaintiff would superintend the erection of such houses, and be paid at a certain rate for doing the carpentering work, and that the houses would be sold when completed; and that the profits realized would be divided equally between plaintiff and defendant.The four houses were erected under this agreement, and three of them were sold, for $3,000 each, and the profits divided.The fourth house, to which this action pertains, was sold upon time payments, for the price of $3,300, i. e., a deed of trust for $2,000 was placed upon the property, and the remainder of the sale price, to wit, $1,300 was paid as follows: Fifty dollars in cash, and the remainder in monthly notes of $15 each, secured by second deed of trust.The...

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6 cases
  • Van Hoose v. Smith
    • United States
    • Missouri Supreme Court
    • December 9, 1946
    ...and losses does not of itself necessarily constitute the relation of partnership. Graff Distilling Co. v. Wilson, 156 S.W. 23; Miller v. Pepperling, 170 S.W. 328; Schneider Schneider, 146 S.W.2d 584. (6) The mere statement that a certain business was a partnership business, or that the part......
  • Porterfield v. American Surety Co. of New York
    • United States
    • Missouri Court of Appeals
    • January 6, 1919
    ...their own construction thereof, and this should be followed. Knisely v. Leathe, supra, 178 S. W. loc. cit. 458; Miller v. Pepperling, 185 Mo. App. 222, 228, 170 S. W. 328; St. Joseph Union Depot Co. v. Chicago, etc., It. Co., 131 Mo. 291, 305, 31 S. W. 908. Besides, the broker's contract wa......
  • Allen v. Coglizer
    • United States
    • Missouri Court of Appeals
    • January 18, 1919
    ...156; Skinner v. Whitlow, 184 Mo. AD a. 220, 167 S. W. 463; Nugent v. Armour Packing Co., 208 Mo. 480, 103 S. W. 348; Miller V. Pepperling, 185 Mo. App. 222, 170 S. W. 328; Dixon v. Dixon, 181 S. W. 84; Hughes v. Ewing, 102 Mo. 261, 82 S. W. 485; Wittling v. Schreiber, 202 S. W. The action o......
  • Porterfield v. American Surety Company of New York, a Corp.
    • United States
    • Kansas Court of Appeals
    • January 6, 1919
    ... ... their own construction thereof, and this should be followed ... [ Knisely v. Leathe, supra, l. c. 458; Miller v ... Pepperling, 185 Mo.App. 222, 228; St. Joseph Union ... Depot Company v. Chicago, etc., R. Co., 131 Mo. 291, ... 305.] Besides, the ... ...
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