Barnett, Haynes & Barnett v. Colonial Hotel Building Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. Plaintiffs’ causes of action mentioned in the first two counts of their petition accrued in the city of St. Louis, the place where the services were rendered in preparing the plans and specifications, and the trial court erred in deciding that the cause of action accrued in Springfield, the place where defendant let the contract for the erection of the hotel building.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. Plaintiffs’ causes of action mentioned in the first two counts of their petition accrued in the city of St. Louis, the place where the services were rendered in preparing the plans and specifications, and the trial court erred in deciding that the cause of action accrued in Springfield, the place where defendant let the contract for the erection of the hotel building. Blythe v. Phillio, 12 Tex. 127; Hilleary v. Hair Grower Co., 23 N. Y. 1018; Com’rs of Bladen Co., 69 N. C. 415; Maxwell v. Eailroad, 34 Fed. 287; Burckle v.…
1Opinion of the Court
OPINION.
GOODE, J.
(after stating the facts). — 1. The finding that the cause of action accrued upon defendant’s acceptance of Caldwell & Drake’s bid at Springfield, shows the court took for true the testimony that the right of plaintiffs to be paid for the plans and specifications they furnished, was conditioned on the possibility of erecting the house for a maximum price ($180,000). But this finding was rather of the time than of the place of accrual, and the latter is the circumstance on which the question of jurisdiction turns. However, the findings as a whole indicate the court believed…
2Cases cited21 opinions
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- Phillio v. BlytheTexas Supreme Court · 1854
- Little v. HarringtonSupreme Court of Missouri · 1880
- Cohn v. LehmanSupreme Court of Missouri · 1887
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Columbia National Bank v. DavisSupreme Court of Missouri · 1926
- Motherstadt v. Harry Newman, Inc.Missouri Court of Appeals · 1920
- Arizona Superior Mining Co. v. AndersonArizona Supreme Court · 1927
- Roberts v. American National Assurance Co.Court of Appeals of Kansas · 1919
- J. B. Colt Co. v. GregorSupreme Court of Missouri · 1931
6 more not listed; retrieve them via the Exa API.