Koerper v. Royal Investment Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron-— Judge. (1) Defendant’s permission to plaintiff to com-, píete the work under the cancelled contracts of February 18, 1902, which plaintiff had no right to do but for defendant’s waiver of its right to do the work at plaintiff’s expense, was a valuable consideration to support the contract of June 23, 1902. “The smallest spark of consideration is sufficient to support a contract deliberately made.”
Read the full summary
Appeal from St. Louis City Circuit Court. — Ron-— Judge. (1) Defendant’s permission to plaintiff to com-, píete the work under the cancelled contracts of February 18, 1902, which plaintiff had no right to do but for defendant’s waiver of its right to do the work at plaintiff’s expense, was a valuable consideration to support the contract of June 23, 1902. “The smallest spark of consideration is sufficient to support a contract deliberately made.” Husband v. Epling, 81 111. 172; Long v. Town, 42 Mo. 545; McKinley v. Watkins, 13 Ills. 140; Sanborn v. French, 22 N. H. 248; Train v. Gold, 5 Pick.…
1Opinion of the CourtGoode, J.
This is an action to enforce a mechanic’s lien for work done on the dwelling house No. 4623 Berlin avenue in St. Louis. What we are concerned with is a counterclaim set up by the defendant wherein it claims a forfeiture of five dollars a day for twenty-nine days, or one hundred and forty-five dollars. Plaintiff Koerper, who did business under the style of the American Stair Company, agreed to put in the stairways of said dwelling and some others then being constructed by the defendant. The contract was made by the following proposal, which was accepted by the defendant :
*546“St. Louis, Mo., Feb.…
2Cases cited13 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Chouteau v. Jupiter Iron WorksSupreme Court of Missouri · 1887
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Henry v. BassettSupreme Court of Missouri · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905
- Laswell v. National Handle Co.Missouri Court of Appeals · 1910
- Koslosky v. BlochMissouri Court of Appeals · 1915
- Hanson v. CrawfordMissouri Court of Appeals · 1908