[Download] "Servco Equipment Company v. C.M. Lingle" by Missouri Court of Appeals St. Louis District " Book PDF Kindle ePub Free

July 02, 2021

eBook details

Title: Servco Equipment Company v. C.M. Lingle
Author : Missouri Court of Appeals St. Louis District
Release Date : January 21, 1972
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

Plaintiff Servco Equipment Company (Servco) bought a walk-in refrigerator from defendant C.M. Lingle Company of Texas (Lingle) which was defective. Servco sued Lingle for $3,500, the alleged cost of repairs, and obtained service under the long-arm statute, § 506.500.1(2), 1, on the ground the sales contract was made in Missouri. Lingle defaulted and Servco got a $3,500 judgment. Thereafter we granted Lingle an appeal by special order, Rule 82.07, (now 81.07), V.A.M.R. Lingle raises three issues here: (1) The parties' sales contract was completed in Texas, not Missouri, so there was no valid service under the long-arm statute; (2) since Servco did not allege it had paid the contract price its petition was ineffective and (3) the judgment was not based on Servco's pleaded allegations but on a different, unpleaded theory. These issues call for a statement of Servco's evide ce which must be separated as to time -- those events occurring before and after Servco filed suit.