Weber v. Union Mutual Life Insurance
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. A petition must state all the facts constituting a cause of action. — Garvey v„ Fowler, 4 Sandf. 667 ; Pier v. ITeinrichoffen, 52 Mo. 333; Bayse v. Ambrose, 32 Mo. 484 ; Eyerman v. Gemetery Assn., 61 Mo. 489 ; Marsh v. Richards, 29 Mo. 99 ; Jennings v. Lyons, 39 Wis. 553; Smith v. Brown, 17 Barb. 431. A failure to pay for services performed under a contract is such a breach of the contract as will justify an abandonment of the work, and…
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Appeal from St. Louis Circuit Court. A petition must state all the facts constituting a cause of action. — Garvey v„ Fowler, 4 Sandf. 667 ; Pier v. ITeinrichoffen, 52 Mo. 333; Bayse v. Ambrose, 32 Mo. 484 ; Eyerman v. Gemetery Assn., 61 Mo. 489 ; Marsh v. Richards, 29 Mo. 99 ; Jennings v. Lyons, 39 Wis. 553; Smith v. Brown, 17 Barb. 431. A failure to pay for services performed under a contract is such a breach of the contract as will justify an abandonment of the work, and will authorize a recovery for the work performed. — Fitzgerald v. Hayward, 50 Mo. 524. The failure to state facts…
1Opinion of the CourtBakewell, J.
The petition of plaintiff, after setting forth that defendant is a corporation under the laws of Maine, engaged in the insurance business, and having authority to carry on its business throughout the Union; that it had an office and agents in the city of St. Louis; and that, on April 1, 1874, defendant employed plaintiff to work for it in Kansas, in securing applications for insurance, — proceeds in the following words : “ Defendant employed plaintiff for the term of one year, from and after the said first day of April, 1874, and agreed to pay plaintiff, for his services as aforesaid, the…
2Cases cited6 opinions
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Frazer v. RobertsSupreme Court of Missouri · 1862
- House v. LowellSupreme Court of Missouri · 1870
- Richardson v. FarmerSupreme Court of Missouri · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fairbanks , Morse & Co. v. Midvale Mining & Manufacturing Co.Missouri Court of Appeals · 1904
- United Press Ass'ns v. National Newspapers' Ass'nDistrict Court, D. Colorado · 1915