Armstrong v. Keleher

71 Mo. 492

• Court: Supreme Court of Missouri
• Decided: April 15, 1880
• Status: Published

Opinion

Sherwood, C. J.

Suit before a justice of the peace ; the complaint as follows: “Plaintiff’ states that on or about the 1st day of October, he contracted with defendant to blast in a well on the premises of the said Michael Keleher, for which the said Keleher was to pay the plaintiff $2 per day. The said plaintiff asks judgment for seven days work, at $2 per day, for which the said plaintiff claims $14. Whereupon plaintiff’ prays judgmeut for $14 for his said debt, and $5 damages.” We think the above contains, though informally drawn, “ a statement of the facts constituting the cause of action,” within the meaning of the statute. By it the defendant was in substance infoi’med; informed in a manner that could not have misled him, that plaiutiff had contracted with him to blast in his well at $2 per day; that plaintiff had performed seven days labor in that work, which at the contract price amounted to $14. This case differs widely from those cited by defendant. Discovering no error in the record, or merit in this appeal, we affirm the judgment with ten per cent damages.

All concur.