Spielberg Mfg. Co. v. Direct Sales Intern., Inc., 39326
| Decision Date | 16 May 1978 |
| Docket Number | No. 39326,39326 |
| Citation | 566 S.W.2d 839 |
| Parties | SPIELBERG MANUFACTURING COMPANY, a corporation, Plaintiff-Appellant, v. DIRECT SALES INTERNATIONAL, INC., a corporation, Defendant-Respondent. . Louis District,Division One |
| Court | Missouri Court of Appeals |
Cupples, Cooper & Haller, Inc., Bernard W. Gerdelman, Clayton, for plaintiff-appellant.
David J. Letvin, Lawrence Alan Waldman, East St. Louis, Ill., for defendant-respondent.
This appeal arises from an action filed by Spielberg Manufacturing Company (Spielberg) against Direct Sales International, Inc., (Direct), based on breach of contract and quantum meruit, in which Direct filed a counterclaim for breach of contract. The case was tried without a jury, and the trial court entered judgment in favor of appellant Spielberg in the sum of $976.19, and in favor of respondent Direct on its counterclaim in the sum of $3,483.73.
On appeal, appellant challenges the evidence; therefore, a recitation of the pertinent facts is necessary. Spielberg is a Missouri corporation organized to manufacture, distribute and sell handbags and other goods to retail outlets. On January 13, 1975, appellant and respondent allegedly entered into a written agreement whereby appellant was to manufacture and distribute handbags, wallets and other merchandise in the amount of $10,000 to third parties who had placed orders with respondent. Direct was to have submitted a $2500 downpayment, with the balance due within thirty days. Subsequent to this date, appellant filled and shipped several orders. On January 13, February 12 and February 26, appellant billed Direct for salesmen's samples in the amount of $802.42. After thirty days, appellant notified respondent that it would no longer fill orders until payment was received. Although no payment was received thereafter, appellant did fill two subsequent orders, one to a Charles Gellis of Miami, Florida, and a second to the Helen Wolff Shop of Frontenac, Missouri. Both orders totalled approximately $173.77. Appellant claimed that these subsequent orders were filled due to a special request made by Direct.
Direct admitted the existence of an agreement, but denied Spielberg's version of the terms of the contract. Direct claimed that the contract called for Direct to obtain orders for the sale of Spielberg's "Handbags From Denise Perry," and forward these orders to Spielberg who would fill and ship them to the purchasers. According to Direct, there was neither a downpayment requirement nor a thirty day balance due requirement. The evidence showed that Direct had not paid for the orders filled by Spielberg through April. Direct claimed that the initial orders covering the salesmen's samples were not its responsibility and that the custom of the industry called for Spielberg to cover such costs. In addition, Direct claimed that at the time it received the billings for the Gellis and Helen Wolff Shop orders on April 1, the contract had already been breached by Spielberg's refusal to further perform and the funds received were used to offset already existing losses incurred due to its reliance on the agreement.
On appeal appellant raises two points. First, appellant argues the trial court erred in admitting respondent's exhibits A, B, C, D, E, F and G because such exhibits were hearsay and the admission was prejudicial to the appellant. The second point attacks the sufficiency of the evidence to support the judgment of the trial court.
The first point raised is without merit. Appellant claims prejudice in the introduction of respondent's exhibits A through G. Respondent's exhibits A through G were admitted to prove up expenses incurred due to the reliance on the agreement. Respondent's award was for lost profits on gross billings and did not include...
To continue reading
Request your trial
-
Haack v. Great Atlantic & Pacific Tea Co.
...of evidence because the trial judge is presumed to not to give weight to incompetent evidence." Spielberg Mfg. Co. v. Direct Sales Intern., Inc., 566 S.W.2d 839, 940 (Mo. App. 1978). The judgment is All concur. ----------Footnotes---------- 1 Mr. Holtzman denied that he furnished this figur......
-
Frederick v. Frederick
...and conclusions of law are made, all fact issues are deemed to be in accordance with the results reached, Spielberg Mfg. Co. v. Direct Sales Intern., Inc., 566 S.W.2d 839 (Mo.App.1978) and no complaint can lie for the lack of particularity of findings and conclusions absent such requests. N......
-
Blackburn v. Richardson
...evidence because it is presumed that it will not give weight to that evidence which is incompetent. Spielberg Mfg. Co. v. Direct Sales International, Inc., 566 S.W.2d 839, 840 (Mo.App.1978). Because of this, it is difficult to base reversible error on the erroneous admission of evidence in ......
-
Pike v. Pike, 62305
...of evidence, as it is assumed the trial judge will not give weight to incompetent evidence. Spielberg Manufacturing Company v. Direct Sales International, Inc., 566 S.W.2d 839, 840 (Mo.App.1978). Moreover, Dr. Colom gave his opinion as to plaintiff's incompetency and various witnesses recou......