Strother v. De Witt
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Plaintiff was entitled to judgment under the uncontradicted evidence. There was absolutely no evidence that Gattel built the house voluntarily or without defendants’ request. Allen v. College, 41 Mo. 307; Kammerman v. Wiggington, 70 Mo. App. 480; Buelterman v. Myer, 132 Mo, 482; Whaley v. Peak, 49 Mo. 83; Painter v. Ritchey, 43 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Plaintiff was entitled to judgment under the uncontradicted evidence. There was absolutely no evidence that Gattel built the house voluntarily or without defendants’ request. Allen v. College, 41 Mo. 307; Kammerman v. Wiggington, 70 Mo. App. 480; Buelterman v. Myer, 132 Mo, 482; Whaley v. Peak, 49 Mo. 83; Painter v. Ritchey, 43 Mo. App. 111. (2) Defendant’s evidence did tend somewhat to show that Gattel had agreed to build this house pursuant to his original contract. As the original contract made no such provision, and…
1Opinion of the CourtSmith, P. J.
Action indebitatus assumpsit. The petition -alleged that one Daniel Gattel in his lifetime at the special instance and request and for the use and benefit of defendants, built and erected upon their real estate a one and one-half story house with other appurtenant improvements of the value of $1,500, and that at the time said divellihg house was 'erected and said improvements were made it was the intention of the said Gattel and the defendants that the later should re*297pay said Gattel whatever amount he should lay out and expend in their behalf, and that the defendants did so receive the same;…
2Cases cited9 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Hart v. HessSupreme Court of Missouri · 1867
- Morris v. BarnesSupreme Court of Missouri · 1865
- Watkins v. Trustees of the Richmond CollegeSupreme Court of Missouri · 1867
- Penter v. RobertsMissouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bennett v. AdamsMissouri Court of Appeals · 1962
- Lewis v. ThompsonMissouri Court of Appeals · 1936
- Hoover v. WhisnerMissouri Court of Appeals · 1963
- Deitring v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- McGinnis v. R. M. Rigby Printing Co.Missouri Court of Appeals · 1906
5 more not listed; retrieve them via the Exa API.