Halpin v. Manny
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. When work is done under a special contract and suit is brought thereon, the plaintiff cannot recover unless he shows strict compliance with the contract. Eyerman v. Cemetery Ass’n, 61 Mo. 489 ; Davis v. Brown, 67 Mo. 314.; Lowe v. Sinklear, 27 Mo. 310; Yates v. Ballentine, 56 Mo. 537; Marsh v. Richards, 29 Mo. 105 ; Lee v. AsTibrooTc, 14 Mo. 378; Stottlemeyer v. Bobb, 7 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. When work is done under a special contract and suit is brought thereon, the plaintiff cannot recover unless he shows strict compliance with the contract. Eyerman v. Cemetery Ass’n, 61 Mo. 489 ; Davis v. Brown, 67 Mo. 314.; Lowe v. Sinklear, 27 Mo. 310; Yates v. Ballentine, 56 Mo. 537; Marsh v. Richards, 29 Mo. 105 ; Lee v. AsTibrooTc, 14 Mo. 378; Stottlemeyer v. Bobb, 7 Mo. App. 578; Curtis r>. Stewart, 12 Mo. App. 590. At the close of plaintiff’s case in chief, an instruction to the effect that plaintiff could not…
1Opinion of the CourtThompson, J.
This action is brought to recover the sum of two hundred and ninety dollars, being the price which the defendant agreed to pay to plaintiff for placing in his house a furnace of a certain description. The contract contained a guarantee that the furnace, when completed, would heat all parts of the house supplied with registers, at the same time, to eighty degrees Fahrenheit, with the outside temperature at zero, with either hard or soft coal. It further provided that no payment should become due or be demanded until a trial of the furnace should be made to the satisfaction of the defendant,…
2Cited by7 opinions
- Halpin v. MannyMissouri Court of Appeals · 1894
- C. P. Deatherage Lumber Co. v. SnyderMissouri Court of Appeals · 1896
- Smith v. HaleyMissouri Court of Appeals · 1890
- El Paso Milling Co. v. DavisMissouri Court of Appeals · 1916
- Lewis v. Van HooserMissouri Court of Appeals · 1921
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