E. E. Souther Iron Co. v. Woodruff Realty Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. G. A. Wurdemon, Judge. (1) Plaintiff is entitled to recover on the theory of an implied contract of indemnity. Implied' contracts of indemnity are based upon equitable considerations and arise when one person does an act at the request and for the benefit of another, whether as agent or otherwise. Knox County v. Huno.lt, 1101 Mo. 67, 76; Dugdale v. Levering, 10' L. R. A., Com.
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Appeal from St. Louis County Circuit Court. — Hon. G. A. Wurdemon, Judge. (1) Plaintiff is entitled to recover on the theory of an implied contract of indemnity. Implied' contracts of indemnity are based upon equitable considerations and arise when one person does an act at the request and for the benefit of another, whether as agent or otherwise. Knox County v. Huno.lt, 1101 Mo. 67, 76; Dugdale v. Levering, 10' L. R. A., Com. Pleas (Eng.) 196; Culmer v. Wilson, 13 Utah, 129, 57 Am. St. Rep. 713; King v. United States, 1 C. C. 38; Howe v. Railroad, 37 N. Y. 297; Nelson v. Cook, 17 111. 449,…
1Opinion of the CourtReynolds, P.J.
One Joseph Kim instituted an action against the E. E. Souther Iron Company, ap^pellant here, referred to hereafter as the Iron Com*249pany, to recover damages for personal injuries sustained by bim while engaged in working upon a building which Kirn alleged was being erected by the Iron Company. Kim recovered, and the Iron Company appealed from that judgment to our court, where the judgment of the circuit court was affirmed. [See Kirn v. E. E. Souther Iron Company, 146 Mo. App. 451, 124 S. W. 45.] . It is sufficient to refer to the report of that case for the facts and matters there in issue,…
2Cases cited24 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Phœnix Bridge Co. v. CreemAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by4 opinions
- Atchison, T. & S. F. Ry. C. v. A. B. C. Fireproof Warehouse Co.Court of Appeals for the Eighth Circuit · 1936
- Nevins v. ColemanMissouri Court of Appeals · 1918
- Robinson v. SeayMissouri Court of Appeals · 1913
- Blume v. LightleSupreme Court of Arkansas · 1929