Leahy v. Dugdale's Administrator
Supreme Court of Missouri
Error to St. Louis Circuit Court. Francis Dugdale contracted with the Central Plank Road Company to construct the eighteenth and nineteenth sections of said road. ■ Dugdale afterwards entered into an agreement with Michael O’Leary and James B. Neenan, as subcontractors, for the construction of said sections.
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Error to St. Louis Circuit Court. Francis Dugdale contracted with the Central Plank Road Company to construct the eighteenth and nineteenth sections of said road. ■ Dugdale afterwards entered into an agreement with Michael O’Leary and James B. Neenan, as subcontractors, for the construction of said sections. Said O’Leary and Neenan, after having performed about half of the work tinder said agreement, assigned the same to Patrick Leahy and Peter Neenan ; also the money and debts due from Dugdale arising out of the construction of said sections ; also all benefit and advantage to which they…
1Opinion of the CourtScott, Judge
There is no doubt of the correctness of the proposition that an executory contract is not assignable. (Robson v. Drummond, 2 B. & Ad. 303 ; Ohitty on Oontr. 739.) But we do not conceive that this principle has any application to the circumstances of this case. There are contracts in which one party contracts for the personal services of another for his skill, knowledge and experience. In such cases the services of the person undertaking to do the work are engaged and he can not perform it by another. But in most contracts for labor the work may be done as well by one as by another. In many…
2Cited by9 opinions
- City of Omaha v. Standard Oil Co.Nebraska Supreme Court · 1898
- D. C. Hardy Implement Co. v. South Bend Iron WorksSupreme Court of Missouri · 1895
- McDaniel v. United Railways Co.Missouri Court of Appeals · 1912
- City of St. Louisex rel. Sullivan v. ClemensSupreme Court of Missouri · 1867
- McCluer v. Heim-Overly Realty Co.Court of Appeals for the Eighth Circuit · 1934
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