Gregg v. Dunn
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. It is only where the contract has been substantially or imperfectly performed that a recovery can be had for the value of the work actually done, though inferior to that called for in the contract. Mansur v. Botts, 80 Mo. 651; Haysler v. Owen, 61 Mo. 270; Williams v. Porter, 51 Mo. 441; Rude v. Mitehell, 97 Mo. 365. There is no difference between this case and that of Gruetzner v. Furniture Go., 28 Mo.
Read the full summary
Appeal from, the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. It is only where the contract has been substantially or imperfectly performed that a recovery can be had for the value of the work actually done, though inferior to that called for in the contract. Mansur v. Botts, 80 Mo. 651; Haysler v. Owen, 61 Mo. 270; Williams v. Porter, 51 Mo. 441; Rude v. Mitehell, 97 Mo. 365. There is no difference between this case and that of Gruetzner v. Furniture Go., 28 Mo. App. 263. A building contract, or a contract for work done on a building, is like any other contract where the work is…
1Opinion of the CourtBiggs, J.
This suit, as originally brought, was against M. J. Bunn and one H. W. Peters. The plaintiff sought to recover judgment against the defendant, M. J. Bunn, for the reasonable value of the work done by the plaintiff, on a certain building, belonging to Peters, and to have his mechanic’s lien enforced against the property. The plaintiff obtained a judgment against Bunn, before *285the justice of the peace, where the action originated, for the value of the work, and also a judgment for the •enforcement of the mechanic’s lien. The defendants appealed the case to the circuit court, where the plaintiff…
2Cases cited4 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Haysler v. OwenSupreme Court of Missouri · 1875
- Barbaro v. Occidental Grove No. 16Missouri Court of Appeals · 1877
- Gruetzner v. Aude Furniture Co.Missouri Court of Appeals · 1887
3Cited by4 opinions
- Lemon v. LloydMissouri Court of Appeals · 1891
- F. C. Preuitt Construction Co. v. DotyMissouri Court of Appeals · 1976
- Johnson v. LoomisMissouri Court of Appeals · 1892
- Lockhart v. MossMissouri Court of Appeals · 1893