Aimee Realty Co. v. Haller
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Han. Walter B. Douglas, Judge. (1) Defendants failed to comply with their contract to paint the twenty-five houses and for that reason, they were entitled only to such remuneration for their services as the benefit conferred upon plaintiff was¡ reasonably worth.
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Appeal from St. Louis City Circuit Court. — Han. Walter B. Douglas, Judge. (1) Defendants failed to comply with their contract to paint the twenty-five houses and for that reason, they were entitled only to such remuneration for their services as the benefit conferred upon plaintiff was¡ reasonably worth. As they had been paid upon account more than the benefits conferred were reasonably worth, the plaintiff was entitled to compel them to account for the money received by them over and above the value of such benefits, and in the meantime to restrain them from' carrying out their threat to…
1Opinion of the CourtGoode, J.
(after stating the facts.) — There are two meritorious grounds on which a court of equity will entertain this suit. One is that otherwise the appellant might be cut off from relief on its counterclaim. Though all the work of painting and glazing was to he done under a single contract, the respondents may file separate liens on each house. Indeed, it may be they would have to do so, because, it is not stated in the petition the lots are contiguous, which is the only instance when it is allowable to file one lien on several lots. [R. S. 1899, sec. 4227.] The decisions in mechanics’ liens cases…
2Cases cited14 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. DoweTexas Supreme Court · 1888
- Third Ave. R.R. Co. v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1873
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- Biddle v. RamseySupreme Court of Missouri · 1873
- Chapman v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1898
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3Cited by5 opinions
- Supreme Lodge of Fraternal Union v. RayCourt of Appeals of Texas · 1914
- Jegglin v. OrrMissouri Court of Appeals · 1930
- Hamner v. GarrettCourt of Appeals of Texas · 1910
- St. Louis Sash & Door Works v. TonkinsMissouri Court of Appeals · 1915
- Kansas City Breweries Co. v. MarkowitzMissouri Court of Appeals · 1920