Sundmacher v. Lloyd
Missouri Court of Appeals
Appeal from St. Louis City Circuit Courts Hon. John A. Blevins, Judge. Parties cannot plead an express contract and claim a breach thereof, and then recover upon proof of a different cause of action. If the action is upon a special contract, the plaintiff must recover upon proof of the contract as laid or he cannot recover at all.
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Appeal from St. Louis City Circuit Courts Hon. John A. Blevins, Judge. Parties cannot plead an express contract and claim a breach thereof, and then recover upon proof of a different cause of action. If the action is upon a special contract, the plaintiff must recover upon proof of the contract as laid or he cannot recover at all. Eyerman v. Cemetery Assn., 61 Mo. 489; Clements v. Yeats, 69 Mo. 623; Green v. Cole, 127 Mo. 587; Huston v. Tyler, 140 Mo. 252; McCormick v. Transit Co., 154 Mo. 191; Cole v. Armour, 154 Mo. 333; Raming v. Railroad, 157 Mo. 477; Construction Co. v. Iron Works, 169…
1Opinion of the CourtBland, P. J.
In the year 1902, defendant contracted with the St. Louis School Board to erect and complete what is known as the William McKinley High School Building. Plaintiffs, after examining the plans and specifications, made the following written bid and delivered it to Lloyd:
“St. Louis, June 7, 1902.
“Mr. Hiram Lloyd.
“Dear Sir: We propose to do the excavating for McKinley High School, corner Missouri and Russell avenues, for the sum of $6,000.
“Hoping this will meet of your approval we are “Yours Respectfully,
“H. Sundmacher & Bro.,
“Contracting Company.”
On June 21,1902, Lloyd accepted the plaintiff’s…
2Cases cited1 opinion
- Arnold v. CasonMissouri Court of Appeals · 1902
3Cited by2 opinions
- Granette Products Co. v. Arthur H. Neumann & Co.Supreme Court of Iowa · 1925
- Berger Manufacturing Co. v. CritesMissouri Court of Appeals · 1914