Owen v. Hadley
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. Daniel D. Fisher! Judge. (1) The court erred in refusing to submit plaintiff’s right of recovery as in quantum meruit. The petition is merely one of an account. Such being true, it was competent for plaintiff to recover in quantum meruit for reasonable value as well as on a special contract, if the evidence revealed one. Swift v. Joknson, 158 S. W. 96; Johnson v. Loomis & Snively, 50 Mo.
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Appeal from St. Louis City Circuit Court. — lion. Daniel D. Fisher! Judge. (1) The court erred in refusing to submit plaintiff’s right of recovery as in quantum meruit. The petition is merely one of an account. Such being true, it was competent for plaintiff to recover in quantum meruit for reasonable value as well as on a special contract, if the evidence revealed one. Swift v. Joknson, 158 S. W. 96; Johnson v. Loomis & Snively, 50 Mo. App. 142; Columbia Bank v. Patterson, 7 Crouch, 299; Londregon v. Crawley, 12 Conn. 561; Holmes v. Stummel, 24 111. 370. (2) The court erred in sustaining the…
1Opinion of the CourtAllen, J.
— Plaintiff’s action is against tMrtynine defendants, and proceeds as in indebitatus assumpsit for the recovery of $1246.66, the balance claimed to be due for services rendered in connection with certain election contests. Plaintiff suffered a nonsMt below, and, after unsuccessfully moving to have the same set aside, appealed to tMs court.
The services in question were rendered by plaintiff in and concerning the election contests which were commenced in the Supreme Court of this State on or about December 17,1910, involving the offices of Judge of the Supreme Court, Superintendent of Public…
2Cases cited2 opinions
- American Surety Co. v. Fruin-Bambrick Construction Co.Missouri Court of Appeals · 1914
- Wagner v. Edison Electric Illuminating Co.Missouri Court of Appeals · 1909
3Cited by3 opinions
- Dey v. HillArizona Supreme Court · 1919
- Cadle v. BlackWyoming Supreme Court · 1916
- Lyman v. DaleMissouri Court of Appeals · 1911