Eyerman v. Mount Sinai Cemetery Ass'n
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. This was not a suit on a special contract. The petition was not founded on the contract at all. (Marsh vs. Richards, 29 Mo., 99.) The special agreement was merely inducement. (Bovd vs. Camp. 31 Mo., 163.) II. Supposing the materials were not furnished in accordance with the contract, defendant, having accepted and used them, is liable for their actual value. (2 Pars. Oontr., Part.
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Appeal from St. Louis Circuit Court. I. This was not a suit on a special contract. The petition was not founded on the contract at all. (Marsh vs. Richards, 29 Mo., 99.) The special agreement was merely inducement. (Bovd vs. Camp. 31 Mo., 163.) II. Supposing the materials were not furnished in accordance with the contract, defendant, having accepted and used them, is liable for their actual value. (2 Pars. Oontr., Part. II., § 5 ; Teats vs. Ballentine, 56 Mo., 530.) The decisions of our Supreme Court conclusively show that if a suit is brought on a special contract, and no quantum meruit…
1Opinion of the CourtWagner, Judge
The petition stated that the defendant was indebted to the plaintiff’in the sum of two thousand five hundred and ninety dollars and ninety-three cents, for work and labor done and materials furnished, which were then set out at the prices agreed upon in the writings afterwards referred to. It was then alleged that the work and'labor were done, and the materials were furnished under the terms and conditions of a certain instrument of writing, executed by the plaintiff and defendant, and which was produced and shown to the court; that plaintiff kept and performed all the terms and conditions of…
2Cases cited1 opinion
- Yeats v. BallentineSupreme Court of Missouri · 1874
3Cited by29 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Clements v. YeatesSupreme Court of Missouri · 1879
- City of St. Charles v. StookeyCourt of Appeals for the Eighth Circuit · 1907
- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918
- Newcomb v. Imperial Life Ins.U.S. Circuit Court for the District of Eastern Missouri · 1892
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