HAAKE v. MISSOURI PACIFIC RAILROAD COMPANY

No. 33297.

443 S.W.2d 206 (1969)

Harold HAAKE, d/b/a Haake Elevator, Plaintiff-Respondent, v. MISSOURI PACIFIC RAILROAD COMPANY, a Corporation, and Missouri-Illinois Railroad Company, a Corporation, Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

Modified June 25, 1969.


Attorney(s) appearing for the Case

R. W. Yost, St. Louis, for defendants-appellants.

Donald H. Clooney, St. Louis, for plaintiff-respondent.


DOERNER, Commissioner.

Plaintiff brought an action to recover damages of $683.31 for the loss of wheat shipped by him over the lines of defendant railroads. Defendants denied liability, and filed a counterclaim in which they alleged that plaintiff had been unjustly enriched at the expense of defendants in the amount of $663.16 through a mistaken payment to plaintiff on an entirely different and unrelated shipment. Prior to the trial of the case the court sustained...

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