Ehrlich v. Ætna Life Insurance
Supreme Court of Missouri
Appeal from Si. Louis Court of Appeals. (1) The measure of damages, as fixed by the court below in the instructions given, is correct under the pleadings and the conduct of the trial in the court below. Moore r. Mounteastle, 72 Mo. 605; Pomeroy r. Benton, 57 Mo. 550; Flowers r. Helm, 20 Mo. 324. (2) It is not true that plaintiff sued for breach of contract and recovered on a quantum meruit.
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Appeal from Si. Louis Court of Appeals. (1) The measure of damages, as fixed by the court below in the instructions given, is correct under the pleadings and the conduct of the trial in the court below. Moore r. Mounteastle, 72 Mo. 605; Pomeroy r. Benton, 57 Mo. 550; Flowers r. Helm, 20 Mo. 324. (2) It is not true that plaintiff sued for breach of contract and recovered on a quantum meruit. (3) Even if the petition only alleged general damages by reason of the breach of contract assigned, it would justify the instruction given by the court and the verdict rendered by the-jury. Moore r.…
1Opinion of the CourtBlack, J.
This suit grows out of a contract made by plaintiff and the defendant dated the sixteenth of September, 1880. By the terms of the contract, plaintiff was appointed the general agent of the'defendant for *253this state, Jackson county excepted, to procure applications for insurance, receive the premium thereon and on the renewals thereof and to collect renewals on existing policies. It seems the defendant had before been engaged in the insurance business in this state, but had withdrawn therefrom and by this contract it sought to re-enter the state for business. For the services of himself and his…
2Cases cited4 opinions
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- Ream v. WatkinsSupreme Court of Missouri · 1858
- McCullough v. BakerSupreme Court of Missouri · 1871
- Mitchell v. ScottMichigan Supreme Court · 1879
3Cited by27 opinions
- Bailey v. Interstate Airmotive, Inc.Supreme Court of Missouri · 1949
- Beebe v. the Columbia Axle Co.Missouri Court of Appeals · 1938
- Glover v. HendersonSupreme Court of Missouri · 1894
- California Southern Hotel Co. v. CallenderCalifornia Supreme Court · 1892
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
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