Moore v. Board of Regents for the Normal School in Distinct Number Two
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — No». Samuel Davis, Judge. (1) A contractor working under a contract providing that he is to be paid only on the completion of the work, and, if he quits, the owner may complete building at the contractor’s cost and recover all excess, if any, off of the contractor, may nevertheless, upon termination of the contract, either by himself or the owner, sue in quantum meruit or quantum valebat for the amount of work done and material…
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Appeal from Lafayette Circuit Court. — No». Samuel Davis, Judge. (1) A contractor working under a contract providing that he is to be paid only on the completion of the work, and, if he quits, the owner may complete building at the contractor’s cost and recover all excess, if any, off of the contractor, may nevertheless, upon termination of the contract, either by himself or the owner, sue in quantum meruit or quantum valebat for the amount of work done and material furnished before the work is completed, - and can recover the actual value of his work and materials upon the schedule of prices…
1Opinion of the CourtGantt, P. J.
Plaintiffs sued on a quantum meruit for the reasonable value of labor performed and material furnished.
The petition states in substance that on the 14th day of November, 1903, defendants entered into, a written contract with plaintiffs for the erection by plaintiffs of what is known as the gymnasium building at Warrensburg, Missouri, and to be used in connection with the State Normal School for Normal School District No, 2; that in pursuance of the contract plaintiffs entered upon the construction of the building and had constructed a portion thereof, when, on the 16th day of September, 1904,…
2Cases cited5 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Hart v. RectorSupreme Court of Missouri · 1842
- Marsh v. RichardsSupreme Court of Missouri · 1859
- Bean v. MillerSupreme Court of Missouri · 1879
- Halpin v. MannyMissouri Court of Appeals · 1894
3Cited by11 opinions
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- Weitz Co. LLC v. MacKenzie House, LLCCourt of Appeals for the Eighth Circuit · 2012
- Joint School District No. 4 v. Bailey-Marsh Co.Wisconsin Supreme Court · 1923
- Bloomfield Reorganized School District No. R-14, Stoddard County v. StitesSupreme Court of Missouri · 1960
- Six Companies of California v. Joint Highway Dist. No. 13Court of Appeals for the Ninth Circuit · 1940
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