Quell v. Quell

• Decision Date: 05 May 1919
• Docket Number: No. 13183.,13183.
• Citation: 211 S.W. 680
• Parties: QUELL v. QUELL.
• Court: Missouri Court of Appeals

211 S.W. 680

QUELL v. QUELL.

No. 13183.

Kansas City Court of Appeals. Missouri.

May 5, 1919.)

Appeal from Circuit Court, Platte County; Alonzo D. Burnes, Judge.

"Not to be officially published."

Action by Mary Quell against Fred Quell. From judgment for plaintiff, defendant appeals. Judgment affirmed less the amount of plaintiff's remittitur.

Clyde Wilcox, of Kansas City, and Musser, of Plattsburg, for appellant.

Wm. Henry, of Cameron, and W. S. Herndon, of Plattsburg, for respondent.

ELLISON, P. J.

Plaintiff's action is based on an alleged breach of contract whereby she claims to have been damaged in the sum of $500. Judgment was rendered for her in the trial court for $350.

There is but one error claimed by defendant in his assignment, and that is that the finding and judgment was for $143 in excess of any supporting evidence. Plaintiff has confessed this error by filing a remittitur in this court for the latter sum.

The judgment will therefore be affirmed for $207, and the costs of appeal taxed against the plaintiff.

All concur.