Callen v. Wallis
Callen v. Wallis
Opinion of the Court
Respondent recovered judgment against appellant (Wales) and defendant jointly for furnishing a fourth shipment of kitchen cabinets, alleged to have been unpaid, in the amount of $5,460.51. The essence of Wales’ several contentions here is that there was no reasonable theory, contract or otherwise, supported by substantial evidence, upon which the judgment can be affirmed.
Wallis, being in the cabinet business, contracted with general contractor, Wales, to supply the kitchen cabinets ■ and formica tops for the Sherri Estates project in Marshall, Missouri, for $26,555. Wallis was going to procure the cabinets from respondent, and the formica tops from America Laminates. He agreed to pay respondent about $24,000, to which about $700 was added because of the architect’s changes. The cabinets were to be delivered to the job site in four shipments. The first and second shipments were delivered on October 17 and November 5, 1973. Respondent had not been paid for the shipments so he contacted Wales that he would not continue shipments until he received some payments. Wales directed its bookkeeper to call respondent and tell him that Wales would pay him directly for these cabinets, Buford Wales testifying that this was done to make sure that there was no stoppage on the project. Respondent received that call on November 19, 1973, and delivered the third shipment of cabinets on November 28, 1973, billing Wales therefor. Respondent was paid by Wales for the first and second shipments on December 8,1973, and for the third shipment on January 23, 1974. He delivered the fourth shipment on December 13, 1973, and billed Wales therefor, but was never paid for it. Wales claimed that it made the final payment to Wallis, and that payment is the subject of respondent’s suit against both Wales and Wallis. Wales filed a cross-claim against Wallis, for which judgment was given for $5,430.45.
Wales first says that the judgment is against the weight of the evidence in that it and respondent did not agree or intend to agree that Wales would pay respondent the amount it was charging Wallis for the cabinets. The contention ignores the evidence above that respondent contacted Wales and advised that no more cabinets would be shipped until he received some payments. Wales in return advised respondent that it would pay directly, and Wales did so, not only for the amounts in arrears for the first two payments for completed shipments, but also for the third shipment. The benefit was directly to Wales in that it avoided stoppage of its project, which was the purpose of its offer. In the very similar case
The judgment is affirmed.
All concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.