Rainey v. Smizer
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner'1 s Court. George Smizer entered into a contract with James 0. Rai-ney and Jacob Grimm, of which the following are the substantial provisions: “Whereas Joseph Probeck contracted to do certain mill-wrighting for the undersigned, George Smizer, and whereas he, the said Joseph Probeck, has failed, leaving the work unfinished, &c., we, James 0. Rainey and Jacob Grimm, agree and by these presents bind and oblige ourselves to do all the…
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Appeal from St. Louis Law Commissioner'1 s Court. George Smizer entered into a contract with James 0. Rai-ney and Jacob Grimm, of which the following are the substantial provisions: “Whereas Joseph Probeck contracted to do certain mill-wrighting for the undersigned, George Smizer, and whereas he, the said Joseph Probeck, has failed, leaving the work unfinished, &c., we, James 0. Rainey and Jacob Grimm, agree and by these presents bind and oblige ourselves to do all the unfinished mill-wrighting on said min and distillery, to have all things pertaining thereto, of the work now unfinished, in…
1Opinion of the CourtScott, Judge
If it is conceded that by the contract between the parties Smizer was bound to pay the plaintiff, immediately upon the commencement of the work the sum of one hundred and five dollars, the amount due the plaintiff for services performed in building the mill under a contract with Probeck, yet that sum constituted but a part of the consideration of the contract. The refusal of Smizer to comply with his contract with the plaintiff and Grimm did not give a right to them to sue and recover the price of the work as though it had been actually done. This is not like the case where a servant or agent…
2Cases cited1 opinion
- Clark v. CableSupreme Court of Missouri · 1855
3Cited by18 opinions
- Slaughter v. DavenportSupreme Court of Missouri · 1899
- Ryan v. RiddleSupreme Court of Missouri · 1883
- Thieman v. GoodnightMissouri Court of Appeals · 1885
- Lake v. WilsonSupreme Court of Arkansas · 1931
- Churchill v. LammersMissouri Court of Appeals · 1895
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