[Download] "Harold R. Sides v. Tony Mannino and Betty" by St. Louis District Missouri Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: Harold R. Sides v. Tony Mannino and Betty
• Author : St. Louis District Missouri Court of Appeals
• Release Date : January 13, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This action was instituted by the plaintiff, the payee, on a promissory note executed by defendants. In addition to raising the defense of lack of consideration the defendants filed a counterclaim. Verdict and judgment below was for plaintiff in the sum of $4246.75 on his cause of action, and in favor of plaintiff on defendants' counterclaim. In their appeal defendants raise no issue concerning the result reached on their counterclaim. Plaintiff was engaged in the asphalt paving business under the name of Acme Asphalt Paving Company. In 1957, at the request of defendant Tony Mannino, plaintiff paved a parking lot on property owned by the defendants, located at 219 South Florissant Road, Ferguson, Missouri. Taking the view of the evidence most favorable to plaintiff, as we are required, it appears that under the oral agreement entered into plaintiff was to perform the work at the rate of $2.10 per square yard, and that after the job was completed, some time in the latter part of May, 1957, plaintiff presented the defendants a bill based upon the paving of an area of 1526 square yards, plus a charge for extra rock defendant Mannino had requested for another purpose, or a total of $3380.93. According to plaintiff, no objection was raised by defendants as to the amount of the bill, but it was not paid, and after some Discussion, defendant Mannino requested plaintiff to prepare a note, to be due in 45 days, which he said he and his wife would sign. Plaintiff accordingly had his office girl prepare the note, took it to the home of defendants, and they both signed and delivered it to plaintiff. This note, introduced in evidence by the defendants, was for $3380.93, dated November 18, 1957, and was payable to the order of plaintiff 45 days after date, together with interest from June 1, 1957 at the rate of 6% per annum.

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