(DOWNLOAD) "Missouri Military Academy v. E. H" by St. Louis District Missouri Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Missouri Military Academy v. E. H
- Author : St. Louis District Missouri Court of Appeals
- Release Date : January 21, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is an appeal by plaintiff from an order sustaining defendant's motion to dismiss plaintiff's amended petition on the
ground that it failed to state a claim upon which relief could be granted. Since no contrary intent was indicated, the dismissal
of the petition was a dismissal of plaintiff's action, and therefore a final, appealable judgment. Frank v. Sinclair Refining
Co., 363 Mo. 1054, 256 S.W.2d 793; White v. Sievers, 359 Mo. 145, 221 S.W.2d 118; Jones v. Williams, 357 Mo. 531, 209 S.W.2d
907. In view of the nature of the claimed deficiencies of the petition it will not be necessary to incorporate it in its entirety,
as a statement of the pertinent facts alleged therein will suffice. Plaintiff is a Missouri corporation, and operates a military
academy at Mexico, Missouri. Defendant has a son, named William, a minor, who at the time stated was then attending or had
attended plaintiff's school. On April 10, 1957, defendant signed and delivered to plaintiff an application for the re-enrollment
of William for the school year commencing September 2, 1957 and ending May 25, 1958. Defendant agreed to pay the sum of $1505.00
for tuition, board, lodging and other services, payable in certain installments at designated times. The application for re-enrollment
provided that it was subject to the conditions set forth in plaintiff's catalogue. Among others, one provision in the catalogue
specifically stated that if a cadet left the academy before the end of the school year, then any unpaid bills on account of
tuition, fees or other charges should immediately become due and payable "as earned by liquidated damages." It was further
alleged that defendant accepted William for re-enrollment for the stated school year, "* * * thereby creating a contract between
said plaintiff and defendant, * * *" and furnished him instructions in various useful branches of learning, as well as board,
lodging, heat, light, table linens, bed linens, routine medical attention, and athletic facilities, until the month of October
1957, when William voluntarily withdrew from the academy. Plaintiff gave defendant credit for various payments made between
April 22, 1957 and October 28, 1957, totaling $456.85, and pleaded a demand upon defendant for the balance of the tuition,
as well as expenses in the quartermaster's department of $83.85 which it is claimed defendant also agreed to pay. Lastly,
it was alleged that plaintiff had duly performed all the terms of the agreement to be performed by it, and that defendant
had breached the contract by his refusal to pay the amount of $1132 due and owing. The prayer was for judgment in that amount.