Jenkins v. Clopton
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. The first instruction given for plaintiff was erroneous in these particulars: (a) It made defendant liable if he agreed to perform the services on a ten per cent basis, without indicating with whom or for whom he agreed to perform, (b) It interjected a misleading and inaccurate reference to the Strode case thus beclouding the real issue and confusing the jury, (c) It undertook to cover the entire case…
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Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. The first instruction given for plaintiff was erroneous in these particulars: (a) It made defendant liable if he agreed to perform the services on a ten per cent basis, without indicating with whom or for whom he agreed to perform, (b) It interjected a misleading and inaccurate reference to the Strode case thus beclouding the real issue and confusing the jury, (c) It undertook to cover the entire case on the plaintiff’s theory of special contract, and entirely ignored the only defense, to-wit, quantum meruit, and this…
1Opinion of the CourtNortoni, J.
This is a suit for money had and received. Plaintiff recovered and defendant appeals. The petition contains thirteen counts, one of which was dismissed. The case was referred to the jury on the other twelve. The first count of the petition asserts the claim of plaintiff in his own right. The other eleven counts assert the claims of as many separate individual heirs to the fund involved, which claims have been duly assigned to the present plaintiff. The defendant is an attorney at law, practicing his profession in the city of St. Louis, and the controversy arises from his employment by a…
2Cases cited6 opinions
- Mansur v. BottsSupreme Court of Missouri · 1883
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Crigler v. DuncanMissouri Court of Appeals · 1907
- Winningham v. FancherMissouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Anderson v. WeltyMissouri Court of Appeals · 1960
- Douglas v. WhitledgeMissouri Court of Appeals · 1957
- Early v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1912
- Himmelberger-Harrison Lumber Co. v. DallasMissouri Court of Appeals · 1912
- Houts v. DunhamMissouri Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.