Wegner v. Gray
| Decision Date | 17 November 1909 |
| Citation | 122 S.W. 755,145 Mo. App. 453 |
| Parties | WEGNER v. GRAY. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court; Virgil Rule, Judge.
Action by William Wegner against Stella Gray. Judgment for plaintiff, and defendant appeals. Affirmed.
Edw. N. Robinson and Stephen Rogers, for appellant. Jos. P. Vastine, for respondent.
Action begun before a justice of the peace on an account for plastering and papering at No. 511 Clark avenue. The case proceeded to the circuit court, where plaintiff had judgment, and defendant appealed.
Plaintiff is a dealer in wall paper at No. 618 South Fourth street, St. Louis, and defendant resides at No. 521 Clark avenue. He testified she sent for him about September 1, 1905, and said she wanted some work done at No. 511 Clark avenue. Plaintiff went there with her and a man named Gus Sticglitz, who intended to run a restaurant in the first story of the house, No. 511. Plaintiff testified defendant showed him what work they (defendant and Sticglitz) wanted done. He gave her an estimate of what the work would cost. She selected the paper, and made suggestions about it, and was at the building every day during the progress of the work. An attempt was made to prove the work was ordered by Sticglitz, and he was the person to whom plaintiff extended credit, afterwards charging the bill to defendant, because she was financially responsible, whereas Sticglitz was not. Suffice to say, as to this defense, the evidence was conflicting, but warranted a finding that the work was done by plaintiff for defendant and on her credit.
The case was tried and disposed of by the court without a jury, and no declarations of law were asked. It is now contended the account was insufficient under the statutes to give the court jurisdiction. Rev. St. 1899, § 3852 (Ann. St. 1906, p. 2135). There is nothing in this point worthy of examination, except as regards the name of the creditor in the account, which, as made out and sued on, named defendant as debtor to the American Wall Paper Company, of No. 618 South Fourth street, but also had the name of Wegner above that of the company. Perhaps the account as filed before the justice had better be set forth:
W. Wegner. St. Louis, Mo. Dec. 10, 1907
Miss Stella Gray, to American Wall Paper
Company, Dr
618 South Fourth Street
Kinloch, Central 4610
Terms Cash. Estimates Furnished
To plastering as per agreement at 511
Clark Ave............................ $18 00
To papering 6 rooms, hall, toilet, and
store at 511 Clark Ave ............... 58 00
_______
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