Hayes v. Bunch
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. John A. Tatty, Judge STATEMENT OF THE CASE. In substance, the petition alleges that in 1899 plaintiff and defendant entered into a contract whereby it was agreed that plaintiff, as architect and superintendent, should plan, erect and equip for the defendant a grain elevator at Little Rock, Arkansas; that it was agreed the defendant would pay plaintiff the customary fee for such services and that plaintiff as architect and…
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Appeal from St. Louis City Circuit Court. — lion. John A. Tatty, Judge STATEMENT OF THE CASE. In substance, the petition alleges that in 1899 plaintiff and defendant entered into a contract whereby it was agreed that plaintiff, as architect and superintendent, should plan, erect and equip for the defendant a grain elevator at Little Rock, Arkansas; that it was agreed the defendant would pay plaintiff the customary fee for such services and that plaintiff as architect and superintendent did plan and superintend tbe erection and equipment of said elevator; that the cost- of the building was…
1Opinion of the CourtBland, P. J.
— At the close of plaintiff’s evidence and again at the close of all the evidence, defendant ashed the court to instruct the jury to find for the defendant. The refusal of these offers, is assigned as errors. The contention is that the action is on an express contract and that no such contract was proven nor any evidence offered tending to prove an express contract and that plaintiff was allowed to recover on quantum meruit. , The jury was instructed on the theory of an expressed contract and also on a quantum meruit. “An express contract exists where the terms of the agreement are openly…
2Cases cited13 opinions
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- Berkson v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1898
- Price v. HallettSupreme Court of Missouri · 1897
- Dunlap v. GriffithSupreme Court of Missouri · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- City of St. Charles v. StookeyCourt of Appeals for the Eighth Circuit · 1907
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Young v. EmmkeMissouri Court of Appeals · 1922
- Dempsey v. WellsMissouri Court of Appeals · 1905