Barr & Martin v. Johnson
Missouri Court of Appeals
Appeal from G-reene Circuit Court. — lion. Guy D. Kirby, Judge. (1) There is no evidence to support the first count. Plaintiff’s evidence attempts to predicate a recovery upon an express contract, (a) The contract was not completed, (b) There is no evidence of the value of the labor and services of plaintiffs, (c) There is no evidence of the reasonable valne of materials. (d) Plaintiffs performed no service for defendants.
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Appeal from G-reene Circuit Court. — lion. Guy D. Kirby, Judge. (1) There is no evidence to support the first count. Plaintiff’s evidence attempts to predicate a recovery upon an express contract, (a) The contract was not completed, (b) There is no evidence of the value of the labor and services of plaintiffs, (c) There is no evidence of the reasonable valne of materials. (d) Plaintiffs performed no service for defendants. (e) Plaintiffs cannot sne upon a quantum meruit and recover on special contract. Koons v. Car Co., 203 Mo. 203, 255, 260. (2) There is no evidence of money being paid in…
1Opinion of the Court
STURGIS, J. —
The plaintiffs as partners sued the defendants herein for labor performed and for money paid out by them for defendants under an oral agreement relative to building a certain private roadway. The defendants were the owners of separate tracts of land in the suburban resident district of Springfield, Missouri, known as Meadowmere, and desired to build a road or driveway in front of same. There is no dispute but that plaintiffs were employed to and did do this work. • There is, however, a dispute as to the exact terms of the contract and its -modifications under which the work was…
Also in this document: Concurrence.
2Cases cited10 opinions
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Merritt v. MatchettMissouri Court of Appeals · 1909
- Walton v. Phoenix InsuranceMissouri Court of Appeals · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Johnson v. Estate of GirvinMissouri Court of Appeals · 1963
- Ferd Bauer Engineering & Contracting Co. v. Arctic Ice & Storage Co.Missouri Court of Appeals · 1915
- East St. Louis Cotton Oil Co. v. Skinner Bros. Mfg. Co.Court of Appeals for the Eighth Circuit · 1918
- Marts v. PowellMissouri Court of Appeals · 1913
- Albers Milling Co. v. CarneyMissouri Court of Appeals · 1963
1 more not listed; retrieve them via the Exa API.