Day v. Farley
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Ho». George F. Long an, Judge. (1) The court committed error in giving peremptory instruction No. 1. (2) The vendor, in an executory contract of sale upon conditions being broken by vendee, has a right to stand on the- contract as complete. Dobbins v. Edmonds, 18 Mo. App. 307; Vinegar Co. v. Wehrs, 59 Mo. App. 494; Walker v. Nixon, 65 Mo. App. 326; Harpin v. Manny, 57 Mo. App. 59. (1) This is a suit upon a quantum meruit.
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Appeal from Pettis Circuit Court. — Ho». George F. Long an, Judge. (1) The court committed error in giving peremptory instruction No. 1. (2) The vendor, in an executory contract of sale upon conditions being broken by vendee, has a right to stand on the- contract as complete. Dobbins v. Edmonds, 18 Mo. App. 307; Vinegar Co. v. Wehrs, 59 Mo. App. 494; Walker v. Nixon, 65 Mo. App. 326; Harpin v. Manny, 57 Mo. App. 59. (1) This is a suit upon a quantum meruit. Respondent’s statement of his cause of action filed before the justice of the peace, did not stand upon the contract, but alleged the…
1Opinion of the CourtEllison, J.
Plaintiff is a barber and brought this action to recover fifteen dollars, the value of work done for defendant in shaving him. The answer set up that plaintiff and defendant had a contract whereby defendant sold to plaintiff a tombstone for fifty dollars, of a style to be selected by plaintiff. That of the said price he was to accept fifteen dollars worth of barber work (here sued for) as a part payment. That said barber work was done under such contract, and that he has at all times been ready and willing to furnish the tombstone, but that plaintiff, although often requested, has failed to…
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