No specific laws identified for this ruling.
The court reversed and remanded the ALC's decision, finding Chapman timely initiated his grievance through his attorney's letter within the 14-day period, even though he did not file the specific DSS Form 1449 within that timeframe.
Appeal from the St. Louis City Circuit Court. — Hon. Franlclin Ferris, Judge. (1) The statute gives no right to a money judgment. Burt v Mears, 41 Mo. App. 231; Buggy Co. v. Ilord, 65 Mo. App. 38; Barnes v. Rawlings, 74 Mo. App. 531. (2) The statute is in derogation of the common law, and should be strictly construed. Yankee v. Thompson, 51 Mo. 234; Stone v. Kelley, 59 Mo. App. 214; Jackson v. Railroad, 87 Mo. 422. (1) Statutes in derogation of the common law are not, as a universal rule, strictly construed. But, on the contrary, when consistent with justice, they should receive such construction as will effectuate the purpose for which they were created by the legislature. Rozelle v. Harmon, 103 Mo. 339; Connor v. Railroad, 59 Mo. 285; State v. Landis, 54 Mo. App. 315. (2) Where the law gives one a right, without prescribing an adequate remedy for its enforcement, he is at liberty to adopt any adequate remedy provided by law for the enforcement of similar rights. State v. Severance, 55 Mo. 378; Householder v. Kansas City, 83 Mo. 488; Cummings v. Winn, 89 Mo. 51. (3) Sections 5180 and 5181, Revised Statutes 1889, were in force at the time plaintiff and defendant contracted with each other for the purchase of the piano, and hence said sections entered into and became a part of said contract as fully as if they had been written into said contract. Therefore, a violation of the sections is a breach of the contract, and the injured party may recover for any damage sustained thereby. State ex rel. v. Laclede Gaslight Co., 102 Mo. 485; Ohoteau v. Railway, 122 Mo. 389; State ex rel. v. Board, 108 Mo. 242.
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