Chamberlain v. Smith
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) The petition being based upon an express contract for a fixed and definitely agreed price to be paid by defendant for services rendered by plaintiff, it was error for tbe court to refuse to give the jury the instruction numbered 1 as prayed by plaintiff. Winter v. Railroad, 73 Mo. App. 194, 160 Mo. 159; Griffith v. Creighton, 61 Mo. App. 4; Brown v. Baker, 99 Mo. App. 660; Deu’tmann v. Kilpatrick, 46 Mo.
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Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) The petition being based upon an express contract for a fixed and definitely agreed price to be paid by defendant for services rendered by plaintiff, it was error for tbe court to refuse to give the jury the instruction numbered 1 as prayed by plaintiff. Winter v. Railroad, 73 Mo. App. 194, 160 Mo. 159; Griffith v. Creighton, 61 Mo. App. 4; Brown v. Baker, 99 Mo. App. 660; Deu’tmann v. Kilpatrick, 46 Mo. App. 29'; K. B. Co. v. Schoennau, 32 Mo. App. 357; Swaggard v. Hancock, 25 Mo. App. 606; Goodson v. N. M. A. A. Co., 91 Mo.…
1Opinion of the CourtEllison, J.
— Plaintiff is an architect and brought the present action against defendant on an account for professional services for drawing preliminary studies, plans, drawings, etc., for a dwelling house and a barn. The result in the trial court was in defendant’s favor.
The evidence in behalf of plaintiff tended to prove that defendant engaged him to make “ preliminary studies ’ ’ for a house and a barn, and that he did so; that after defendant examined said preliminary work, he employed plaintiff to make general drawings, specifications and details for, and to superintend the construction of the…
2Cases cited3 opinions
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- Winter ex rel. Smith v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1901
- Winter ex rel. Smith v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1898
3Cited by6 opinions
- Sappington v. Central Mutual Insurance Ass'nMissouri Court of Appeals · 1934
- Harms v. Fidelity & Casualty Co.Missouri Court of Appeals · 1913
- Wayland v. PendletonSupreme Court of Missouri · 1935
- Ellis v. MansfieldMissouri Court of Appeals · 1923
- Stephens v. CurtnerMissouri Court of Appeals · 1920
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