Linnenkohl v. Winkelmeyer
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. The time when payment is to be made, if provided for in a building contract, is binding upon all the parties to it, and no lien can be enforced until its-expiration; or, when a precise date is not specified, but a mode for ascertaining or fixing'the time of payment has been adopted — as, where the parties have agreed that the superintendent shall pass upon the work — his-decision is final, and…
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. The time when payment is to be made, if provided for in a building contract, is binding upon all the parties to it, and no lien can be enforced until its-expiration; or, when a precise date is not specified, but a mode for ascertaining or fixing'the time of payment has been adopted — as, where the parties have agreed that the superintendent shall pass upon the work — his-decision is final, and payment cannot be enforced until he shall have found it to be due, unless fraud or mistake upon his part is shown. Phillips…
1Opinion of the CourtRombauer, P. J.
— The only question presented by this appeal is whether the condition in a building con-tract, which makes the payments due the contractor depend upon the acceptance of the work by the architect and superintendent, is a condition fixing the-time of the payment, so as to make the suit by a contractor on a quantum meruit or quantum valebcmt premature, if brought before acceptance of his work by the architect, provided the architect was justified in his refusal "to accept the work.
The question arises in this wise. The plaintiffs, contracted to erect a certain buildingfor the defendant. They…
2Cases cited4 opinions
- Holmes v. RichetCalifornia Supreme Court · 1880
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Haysler v. OwenSupreme Court of Missouri · 1875
- St. Joseph Iron Co. v. H. K. Halverson & Co.Missouri Court of Appeals · 1892
3Cited by3 opinions
- Buschmann v. BrayMissouri Court of Appeals · 1896
- Brockmeier v. DetteMissouri Court of Appeals · 1894
- Heman v. Compton Hill Improvement Co.Missouri Court of Appeals · 1894