Legal Opinion

Gruetzner v. Aude Furniture Co.

Missouri Court of Appeals

Decided December 20, 1887PublishedCited by 8 opinions

Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. A contract for personal services must be fully performed before the servant or person employed can recover anything. Wood on Master and Servant, sec. 147, pp. 291, 293, and 294, note 2 ; Edwards on Bailments, sec. 437; Earp v. Tyler, 73 Mo. 617; Posey v. Garth, 7 Mo. 95; Henson v. Hampton, 32 Mo, 408; Caldwell v. DicJcson, 17 Mo. 575; Schnerr v. Lemp, 19 Mo. 40 ; Hamel v. Ereund, 17 Mo.

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Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. A contract for personal services must be fully performed before the servant or person employed can recover anything. Wood on Master and Servant, sec. 147, pp. 291, 293, and 294, note 2 ; Edwards on Bailments, sec. 437; Earp v. Tyler, 73 Mo. 617; Posey v. Garth, 7 Mo. 95; Henson v. Hampton, 32 Mo, 408; Caldwell v. DicJcson, 17 Mo. 575; Schnerr v. Lemp, 19 Mo. 40 ; Hamel v. Ereund, 17 Mo. App. 618 ; Downs v. Smit, 15 Mo. App. 583. There was a contract for the performance of a particular service or thing. Stout v. St. Louis…

1Opinion of the Court

Romjbauer, J.,

delivered the opinion of the court. >

The plaintiff brought an action before a justice of the peace on the following account:

“ Aude Furniture Co, to August Gruetzner, Dr.

4 ‘ To work and labor done as cabinet-maker, performed in April and May, 1886, on fifty bedsteads, No. 71...............$16 46

Thirty-six bedsteads, No. 73............. 29 85

Which work was reasonably worth said sum and the aggregate sum of...... 46 31 ”

Judgment being rendered in favor of plaintiff, defendant appealed to the circuit court, where the case was tried by the court without the intervention of a jury.…

2Cases cited13 opinions

  1. Yeats v. BallentineSupreme Court of Missouri · 1874
  2. Haysler v. OwenSupreme Court of Missouri · 1875
  3. Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
  4. Earp v. TylerSupreme Court of Missouri · 1881
  5. Marsh v. RichardsSupreme Court of Missouri · 1859

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Fleischmann v. MillerMissouri Court of Appeals · 1889
  2. Paul v. Minneapolis Threshing Machine Co.Missouri Court of Appeals · 1901
  3. Thomas v. Kanawha Valley Traction Co.West Virginia Supreme Court · 1913
  4. Blanton v. KingMissouri Court of Appeals · 1898
  5. Gregg v. DunnMissouri Court of Appeals · 1889

3 more not listed; retrieve them via the Exa API.

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