Hartnett v. Christopher
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. There was sufficient evidence of the claim to justify a submission to the jury. Jackson v. Hardin, 83 Mo. 173; Baum v. Fryrears, 85 Mo. 151; Sage v. Beeves, Í7 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. There was sufficient evidence of the claim to justify a submission to the jury. Jackson v. Hardin, 83 Mo. 173; Baum v. Fryrears, 85 Mo. 151; Sage v. Beeves, Í7 Mo. App. 210. The defendant was estopped from denying the claim for labor done and material furnished by plaintiff, since he not only stood by and saw plaintiff doing the work, and subsequently enjoyed the benefits arising from it, but also ordered plaintiff to go on with it and finish the room. Scharmore v. Scharmore, 56 N. W. Eep. 651; Martin v. Johnson, 23…
1Opinion of the CourtBiggs, J.
The plaintiff is a plasterer by trade, and he sues the defendant for work done and materials furnished in building a house. At the close of his evidence the court compelled him to submit to a nonsuit, upon the ground that the defendant in the first instance had not ordered the work to be done, and had refused, during the continuance of the work and after its completion, to obligate himself to pay for it.
An inspection of the evidence makes it quite clear that the plaintiff did the work, for which he sued, without a direct request on the part of the defendant. The only question is whether the…
2Cases cited1 opinion
- Hiemenz v. GoergerMissouri Court of Appeals · 1892
3Cited by2 opinions
- Wagner v. Edison Electric Illuminating Co.Supreme Court of Missouri · 1903
- Wagner v. Edison Electric Illuminating Co.Missouri Court of Appeals · 1900