Painter v. Ritchey
Missouri Court of Appeals
Appeal from the Otarte Circuit Court. — Hon. Ben E. Turner, Judge. There was no evidence of any contract, express or implied, between the plaintiffs and defendant, in which custom could enter and form a part. There was no privity between plaintiffs and defendant. The only theory plaintiffs could recover on in this case is an implied contract. But here he must fail; for, to recover for work done, there must be evidence of an express or implied promise. Allen v. Bowman, 7 Mo.
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Appeal from the Otarte Circuit Court. — Hon. Ben E. Turner, Judge. There was no evidence of any contract, express or implied, between the plaintiffs and defendant, in which custom could enter and form a part. There was no privity between plaintiffs and defendant. The only theory plaintiffs could recover on in this case is an implied contract. But here he must fail; for, to recover for work done, there must be evidence of an express or implied promise. Allen v. Bowman, 7 Mo. App. 29 ; Allen v. Richmond, 41 Mo. 302; Suits v. Taylor, 20 Mo. App. 166. The only contract entered into was between…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace to recover the sum of $4 claimed to be due on open account for the weighing, on the platform scales of the plaintiffs, of twenty loads of hay at twenty cents a load. In the circuit court the plaintiffs gave evidence to the effect that the hay was brought to be weighed on their scales by drivers, employed by certain railway contractors, to whom the defendant had sold it in his field. The uncontradicted evidence showed that the defendant had sold the hay in the stack at a certain price per ton, the vendees to haul it away, and that neither…
2Cases cited2 opinions
- Watkins v. Trustees of the Richmond CollegeSupreme Court of Missouri · 1867
- Lynch v. BogySupreme Court of Missouri · 1853
3Cited by3 opinions
- Wagner v. Edison Electric Illuminating Co.Supreme Court of Missouri · 1903
- Bassford v. WestMissouri Court of Appeals · 1907
- Wagner v. Edison Electric Illuminating Co.Missouri Court of Appeals · 1900