Nave v. Dieckman
Decision Date | 18 January 1919 |
Docket Number | No. 2087.,2087. |
Citation | 208 S.W. 273 |
Parties | NAVE v. DIECKMAN. |
Court | Missouri Court of Appeals |
Appeal from Circuit Court, Stoddard County; W. S. C. Walker, Judge.
Action by J. H. Nave against W. C. Dieckman. Judgment for plaintiff, and defendant appeals. Reversed.
The plaintiff sued in a justice court, alleging in the statement of his cause of action that he had been a tenant on defendant's farm, and that a dispute arose in July, 1915, between him and defendant, his landlord, touching the amount, if any, due plaintiff from defendant for clearing land on said farm; that all matters of controversy concerning work and labor performed in clearing said land was submitted by agreement between them to three named arbitrators, who made an award that defendant owed plaintiff $110 for work and labor performed in clearing such land, which award was filed as Exhibit A, and made part of the petition; that plaintiff kept and performed all obligations imposed on him by such reward, but that defendant failed and refused to pay the $110 as provided by the award or any part of same. Prayer is made for judgment for $110, with interest and costs. Trial was had on this statement in the justice court and after appeal in the circuit court, resulting in a judgment in plaintiff's favor for $110 and interest, and the case is here on defendant's appeal.
When the demurrer was offered to plaintiff's evidence, the court remarked that:
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