Legal Opinion
Hutchens v. Burrell, Inc.
Missouri Court of Appeals
Decided June 14, 2011No. WD 72838PublishedCited by 4 opinions
1Opinion of the Court
KAREN KING MITCHELL, Judge.
This is a contract ease. The plaintiff pled that she and the defendant agreed that she would provide the defendant services at a specified hourly rate. She did not plead a contract containing an open price term, nor did she ever plead a right of recovery in quantum meruit. At trial, the plaintiff admitted that she and the defendant never agreed that she would be paid a specified hourly rate for her services. The issue is whether the plaintiff made a submissible case, given that (1) she did not prove the contract that she pled; and (2) she never amended her…
2Cases cited10 opinions
- Klotz v. St. Anthony's Medical CenterSupreme Court of Missouri · 2010
- All American Painting, LLC v. Financial Solutions & Associates, Inc.Supreme Court of Missouri · 2010
- Allied Disposal, Inc. v. Bob's Home Service, Inc.Missouri Court of Appeals · 1980
- Environmental Protection, Inspection, & Consulting, Inc. v. City of Kansas CityMissouri Court of Appeals · 2000
- Smith v. HammonsMissouri Court of Appeals · 2002
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3Cited by4 opinions
- City of Cape Girardeau ex rel. Kluesner Concreters v. Jokerst, Inc.Missouri Court of Appeals · 2013
- Fannie Mae v. University Village ApartmentsMissouri Court of Appeals · 2015
- Schieffer v. DecleeneMissouri Court of Appeals · 2017
- Fannie Mae, Appellant/Cross-Respondent v. University Village Apartments, UVA Partners L.L.C., Rick Yackey, Midland Management, L.L.C., Woodsmill Management Company, and Bill L. Bruce, Respondents/Cross-Appellants.Missouri Court of Appeals · 2015