Ferd Bauer Engineering & Contracting Co. v. Arctic Ice & Storage Co.
Missouri Court of Appeals
Appeal from Audrain. Circuit Court. — Hon. James D. Barnett, Judge. (1) The court erred in giving instruction number 4 of its own motion — (a) Because under the pleadings there could not be a recovery in favor of plaintiff on the cause of action set out in count 1 of plaintiff’s petition, and at the same time a recovery in favor of defendant on its counterclaim. Johnson v. LaBarge, 46 Mo. App- 433. (h) Plaintiff recovered on a special contract, not on a quantum meruit.
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Appeal from Audrain. Circuit Court. — Hon. James D. Barnett, Judge. (1) The court erred in giving instruction number 4 of its own motion — (a) Because under the pleadings there could not be a recovery in favor of plaintiff on the cause of action set out in count 1 of plaintiff’s petition, and at the same time a recovery in favor of defendant on its counterclaim. Johnson v. LaBarge, 46 Mo. App- 433. (h) Plaintiff recovered on a special contract, not on a quantum meruit. A recovery of quantum meruit cannot he had on a count of special contract. Eude v. Mitchell, 97 Mo. 365; Moore v. G-aus &…
1Opinion of the CourtReynolds, P. J.
— Plaintiff, appellant here, brought its action against defendant to recover $678.71, claimed to be the balance due for the erection of a cooling tower, for which, upon the erection and completion of the same according to the contract and specifications, defendant was to pay plaintiff $1300. Averring that the tower had been erected and completed according to the contract evidenced by a proposal and specifications set out in the petition, and that defendant had paid $621.29 on account of the contract price, plaintiff demanded judgment for the balance together with interest and costs.
After a…
2Cases cited6 opinions
- Shinn v. United Railways Co.Supreme Court of Missouri · 1913
- Ruth v. McPhersonMissouri Court of Appeals · 1910
- Boteler v. RoyMissouri Court of Appeals · 1890
- Barr & Martin v. JohnsonMissouri Court of Appeals · 1913
- Johnson v. LabargeMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Skadal v. BrownSupreme Court of Missouri · 1961
- Commercial Nat. Bank of Kansas City, Kan. v. WhiteSupreme Court of Missouri · 1953
- Johnson v. Estate of GirvinMissouri Court of Appeals · 1963
- Cross v. RobinsonMissouri Court of Appeals · 1955
- Morey v. FeltzMissouri Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.