Todd v. St. Ann's School Music Service, Inc., No. 39399
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | SATZ; DOWD, P. J., and CRIST |
| Citation | 585 S.W.2d 522 |
| Parties | Robert D. TODD and Gary E. Stopke, Respondents, v. ST. ANN'S SCHOOL MUSIC SERVICE, INC., a corporation, Appellant. |
| Docket Number | No. 39399 |
| Decision Date | 17 July 1979 |
Page 522
v.
ST. ANN'S SCHOOL MUSIC SERVICE, INC., a corporation, Appellant.
Page 523
Thomas C. Boyle, Clayton, for appellant.
Maniscalco, Clancy, Pittman & Bagot by Cyril J. Clancy, Clayton, for respondents.
SATZ, Judge.
Defendant, St. Ann's School Music Service, Inc., appeals from separate judgments entered in favor of plaintiffs, Robert D. Todd and Gary E. Stopke, after a trial by jury. As one of its points of error, defendant argues the failure of the jury to return verdicts on defendant's separate counterclaims against plaintiff. We address only this issue and the facts relevant to it, for we find the failure of the jury to return verdicts on defendant's counterclaims renders this appeal premature, which requires dismissal of the appeal.
In two separate counts of a two-count petition, plaintiffs Todd and Stopke each allege that he was a former employee of defendant and each plaintiff claims that defendant refused to pay money due to each of them under an alleged Profit Sharing Plan. Defendant filed its answer, specifically denying each of these claims and, in addition, defendant filed a counterclaim against each plaintiff.
In its counterclaim against plaintiff Todd, defendant alleges that Todd breached his "employment duties" by failing to make and preserve the necessary records of customer
Page 524
transactions, by failing to follow defendant's rules of business procedure and by exceeding the limitation of his authority in allowing merchandise to be taken from defendant's premises, all of which allegedly caused defendant damage in the amount of $6,024.00. In its counterclaim against plaintiff Stopke, defendant alleges that Stopke "over claimed" money to be paid out of earned commissions in the amount of $2,458.54, which defendant claims is due and owing.Plaintiffs introduced evidence concerning their respective claims, and a verdict directing instruction was given on each of their claims requiring the jury to return a verdict for each plaintiff if defendant promised a profit sharing plan and defendant breached this promise.
Defendant introduced evidence concerning both counterclaims and a verdict directing instruction was given on each of these counterclaims. As to the counterclaim against Todd, the jury was required to return a verdict for the defendant on its counterclaim if it found that Todd breached his contract of employment by failing to follow the rules of defendant's business and to preserve defendant's "goods and contracts" and that defendant was damaged by this breach. As to the counterclaim against plaintiff Stopke, the jury was required to return a verdict for defendant if it found that Stopke worked for defendant on a commission basis, that he overdrew his commission and, as a result,...
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Wright v. Martin, No. 13404
...is pleaded and submitted a finding must be made disposing of the counterclaim. See Todd v. St. Ann's School Music Service, Inc., 585 S.W.2d 522, 524 (Mo.App.1979); Baumstark v. Jordan, 540 S.W.2d 611, 612 It is likewise agreed that an exception to this general rule occurs when the finding f......
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Bowles v. McKeon, No. 27548.
...of the counterclaim. See Jack Brandt, Ltd. v. Morris, 400 S.W.2d 417, 418 (Mo.1966); Todd v. St. Ann's School of Music Service, Inc., 585 S.W.2d 522, 524-25 (Mo.App. E.D.1979). However, an exception to this general rule exists when "finding for a plaintiff necessarily carries with it a......
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Clifford Banking Co. v. Bankhead, No. 51725
...raised, viz, which of the parties had a superior right to possess the cattle. Cf. Todd v. St. Ann's School Music Service, Inc., 585 S.W.2d 522, 525 (Mo.App.1979). The counterclaim was therefore properly The judgment is affirmed. GARY M. GAERTNER, P.J., and CARL R. GAERTNER, J., concur. ----......
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Citizens Elec. Corp. v. Campbell, No. WD
...for a judgment to be final and appealable, it must dispose of all parties and all issues. Todd v. St. Ann's School Music Service, Inc., 585 S.W.2d 522, 524 (Mo.App.1979). Finality for purposes of appeal must also dispose of all issues raised by the Returning to the above question, it is her......
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Wright v. Martin, No. 13404
...is pleaded and submitted a finding must be made disposing of the counterclaim. See Todd v. St. Ann's School Music Service, Inc., 585 S.W.2d 522, 524 (Mo.App.1979); Baumstark v. Jordan, 540 S.W.2d 611, 612 It is likewise agreed that an exception to this general rule occurs when the finding f......
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Bowles v. McKeon, No. 27548.
...of the counterclaim. See Jack Brandt, Ltd. v. Morris, 400 S.W.2d 417, 418 (Mo.1966); Todd v. St. Ann's School of Music Service, Inc., 585 S.W.2d 522, 524-25 (Mo.App. E.D.1979). However, an exception to this general rule exists when "finding for a plaintiff necessarily carries with it a......
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Clifford Banking Co. v. Bankhead, No. 51725
...raised, viz, which of the parties had a superior right to possess the cattle. Cf. Todd v. St. Ann's School Music Service, Inc., 585 S.W.2d 522, 525 (Mo.App.1979). The counterclaim was therefore properly The judgment is affirmed. GARY M. GAERTNER, P.J., and CARL R. GAERTNER, J., concur. ----......
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Citizens Elec. Corp. v. Campbell, No. WD
...for a judgment to be final and appealable, it must dispose of all parties and all issues. Todd v. St. Ann's School Music Service, Inc., 585 S.W.2d 522, 524 (Mo.App.1979). Finality for purposes of appeal must also dispose of all issues raised by the Returning to the above question, it is her......