D'Arcy v. Catherine Lead Co.
Missouri Court of Appeals
'Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) There being no express contract covering the rendition of the services in question, the plaintiff’s recovery is limited to the reasonable value of the services rendered. 4 Cyc. 994, note 52, and cases cited; 3 Am. and Eng. Ency., 419 (2 Ed.) ; Kingsbury v. Joseph, 94 Mo. App. 298; Brownregg v. Massengale, 97 Mo.
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'Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) There being no express contract covering the rendition of the services in question, the plaintiff’s recovery is limited to the reasonable value of the services rendered. 4 Cyc. 994, note 52, and cases cited; 3 Am. and Eng. Ency., 419 (2 Ed.) ; Kingsbury v. Joseph, 94 Mo. App. 298; Brownregg v. Massengale, 97 Mo. App. 190; Wright v. Baldwin, 51 Mo. 269; Rose v. Spies, 44 Mo. 20; Dempsey v. Wells, 109 Mo. App. 470. (2) In determining the reasonable value of such services, the time and labor consumed, the responsibility…
1Opinion of the CourtReynolds, P. J.
The respondent, plaintiff below, brought his action against defendant for services rendered by him as an attorney at law, in preparing abstracts, briefs and arguments and orally arguing, in behalf of defendant, a certain case then pending in the Supreme Court of this state, the case being decided in that court in favor of his client, this defendant. There was no agreement as to the fee to be paid plaintiff, he averring that the reasonable value of his services, was $10,000, and for that amount he demanded judgment. The answer, admitting the employment of plaintiff in the case named and that…
2Cases cited4 opinions
- City of Kansas v. ButterfieldSupreme Court of Missouri · 1886
- City of Kansas v. HillSupreme Court of Missouri · 1883
- Baehr v. Union Casualty & Surety Co.Missouri Court of Appeals · 1908
- Restetsky v. Delmar Avenue & Clayton RailroadMissouri Court of Appeals · 1904
3Cited by2 opinions
- Anderson v. WeltyMissouri Court of Appeals · 1960
- State ex rel. Burcham v. Drainage District No. 25Missouri Court of Appeals · 1955