Koenig v. Morrison
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) If tlie case of Koenig v. Morrison, pleaded in estoppel, was upon a quantum meruit, respondent then exercised his right of election, in which he waived and abandoned the contract forming the basis of his action in this suit. He took the position before that court, trying the case, that he had not complied with the contract, and could not sue upon it.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) If tlie case of Koenig v. Morrison, pleaded in estoppel, was upon a quantum meruit, respondent then exercised his right of election, in which he waived and abandoned the contract forming the basis of his action in this suit. He took the position before that court, trying the case, that he had not complied with the contract, and could not sue upon it. Can he now be heard to claim the benefit of the contract which he confessedly did not live up to, and was compelled to, or did waive, in order to recover in the…
1Opinion of the CourtRombauer, P. J.
The plaintiffs, who are builders, entered into a written contract with the defendant’s intestate, whereby they agreed to erect for him certain buildings for a stated consideration. The contract contained the following clause: “And after the completion of the work according to contract, if payment of the amount due from the party of the first part to the party of the second part be not made within ten days after demand for same, then, in case said parties of the second part shall have recourse to legal process to collect said amount from said first party, there shall be allowed by the court…
2Cases cited8 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Haysler v. OwenSupreme Court of Missouri · 1875
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- Moran v. PlankintonSupreme Court of Missouri · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- West v. MoserMissouri Court of Appeals · 1892
- Louden MacHinery Co. v. DaySupreme Court of Vermont · 1932
- La Crosse Lumber Co. v. Audrain County Agricultural & Mechanical SocietyMissouri Court of Appeals · 1894
- Doebbeling v. QuimbyMissouri Court of Appeals · 1927
- Menges v. Milton Piano Co.Missouri Court of Appeals · 1902