Thompson v. St. Charles County
Supreme Court of Missouri
Appeal from Lincoln Circuit Court.— Eon. Jas. D. Barnett, Judge. (1) The circuit court erred in excluding testimony tending to prove that the defendant had waived the provisions of the contract requiring a written demand for an extension of time on account of alterations in the work, obstructions, interferences, etc. Proof of waiver is admissible under an allegation of performance of a contract.
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Appeal from Lincoln Circuit Court.— Eon. Jas. D. Barnett, Judge. (1) The circuit court erred in excluding testimony tending to prove that the defendant had waived the provisions of the contract requiring a written demand for an extension of time on account of alterations in the work, obstructions, interferences, etc. Proof of waiver is admissible under an allegation of performance of a contract. Andrus v. Insurance Assn., 168 Mo. 161; Suess v. Insurance Co., 193 Mo. 570. (2) The circuit court erred in holding that a warrant of the county court constituted a legal tender. Sections 1564 and…
1Opinion of the CourtLamm, P. J.
Plaintiff contracted in writing to build a courthouse for the county of St: Charles for the suin of $37,349; to be paid in instalments. The last instalment was to be $5349. Alleging full performance and claiming the last instalment with certain items of extra work, plaintiff sued in one count on the contract and in another on a quantum meruit for $5541.84. The latter count and the extras were finally abandoned and the suit stood as one for said last contract instalment, viz., $5349. Verdict and judgment for $2019. Plaintiff appeals.
The answer admits the contract, but denies performance, etc.,…
2Cases cited20 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Lanitz v. KingSupreme Court of Missouri · 1887
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- May v. CrawfordSupreme Court of Missouri · 1899
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
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3Cited by27 opinions
- Henry Shenk Co. v. Erie CountySupreme Court of Pennsylvania · 1935
- Wilt v. WaterfieldSupreme Court of Missouri · 1954
- Duval County v. Charleston Engineering & Contracting Co.Supreme Court of Florida · 1931
- Gasparini Excavating Co. v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1963
- United States v. Henke Const. Co.Court of Appeals for the Eighth Circuit · 1946
22 more not listed; retrieve them via the Exa API.