Walsh v. St. Louis Exposition & Music Hall Ass'n
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Gr. W. Lubke, Judge. (1) The only substantial defense pleaded is “that after plaintiff submitted his plans, designs, etc., to defendant, plaintiff, with the assent of defendant, waived and abandoned any claim or right of plaintiff to become the architect and superintendent of said building, under or by virtue of the terms of the resolutions aforesaid.”
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Appeal from St. Louis City Circuit Court. — How. Gr. W. Lubke, Judge. (1) The only substantial defense pleaded is “that after plaintiff submitted his plans, designs, etc., to defendant, plaintiff, with the assent of defendant, waived and abandoned any claim or right of plaintiff to become the architect and superintendent of said building, under or by virtue of the terms of the resolutions aforesaid.” Waiver and abandonment are questions of intention, and are to be determined from a consideration of all the facts and circumstances surrounding the transaction. Ehrlich n. Ins. Co., 88Mo. 249 ;…
1Opinion of the CourtBlack, J.
The defendant corporation, having in contemplation the erection of a building for exposition and music hall purposes, adopted, and on the nineteenth of April, 1883, sent to the plaintiff and to other architects, a copy of the following resolutions:
“First. That all architects, residents of this city, and five non-residents, be invited to prepare and submit designs.
“ Second. That, from those presented by residents, seven, which shall be considered the most meritorious, shall be accepted and awarded five hundred dollars ($500) each, and the five presented by non-residents shall each be awarded…
2Cases cited1 opinion
- Whelan v. ReillySupreme Court of Missouri · 1876
3Cited by9 opinions
- Thompson v. St. Charles CountySupreme Court of Missouri · 1910
- Stephenson v. KilpatrickSupreme Court of Missouri · 1901
- Mills v. DillonMassachusetts Supreme Judicial Court · 1927
- Diehr v. Thompson Chemicals Corp.Missouri Court of Appeals · 1955
- Burki v. Pleasanton School DistrictCalifornia Court of Appeal · 1912
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