Stroeh v. McClintock
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James E. 8lover, Judge. (1) As the plaintiff, for no fault of his;, was prevented by defendant from completing the performance of his contract, he is entitled to recover, on a quantum meruit, the reasonable value of his services. Turney v. Baker, 103 Mo. App. 390; Cann y. Bector, 111 Mo. App. 164; Dempsey v. Lawson, 76 Mo.
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Appeal from Jackson Circuit Court. — Eon. James E. 8lover, Judge. (1) As the plaintiff, for no fault of his;, was prevented by defendant from completing the performance of his contract, he is entitled to recover, on a quantum meruit, the reasonable value of his services. Turney v. Baker, 103 Mo. App. 390; Cann y. Bector, 111 Mo. App. 164; Dempsey v. Lawson, 76 Mo. App. 522; McCullough v. Baker, 47 Mo. 401; Ehrlich v. Insurance Co., 88 Mo. 249; Chicago v. Tilley, 103 U. S. 146; Fitzgerald v. Walsh, 107 Wis. 92, 82 N. W. 717; Hand y. Agen, 71 N. W. 899; Monument Co. v. Johnson, 144 Pa. St. 61,…
1Opinion of the CourtEllison, J.
This is an action for the rendition of services by plaintiff to defendant in the capacity of an architect. At the close of the evidence in plaintiff’s behalf the trial court sustained a demurrer thereto and judgment was rendered for the defendant.
The difference between these litigants is more of fact than of law. It is a rule of law uniformly enforced that if one employed to do a particular service of his own fault fails to perform it; or if he be employed in a stated service for a stated time and of his own fault quits before the expiration of the time, he cannot recover anything for the…
2Cases cited6 opinions
- Glover v. HendersonSupreme Court of Missouri · 1894
- Rowland v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Gruetzner v. Aude Furniture Co.Missouri Court of Appeals · 1887
- Posey v. GarthSupreme Court of Missouri · 1841
- Banse v. TateMissouri Court of Appeals · 1895
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3Cited by1 opinion
- Walden v. American Bankers' Assurance Co.Missouri Court of Appeals · 1914