Downey v. Burke
Supreme Court of Missouri
•Appeal from St. Louis Law Commissioner’s Court. This was an action originally commenced before a justice of tbe peace. The account filed before tbe justice was for work done and materials furnished in the construction of a stone wall by plaintiffs. The cause was, appealed to tbe Law Commissioner. Tbe performance of tbe work was proved on tbe trial, and its value; also that during its progress defendant made payments upon tbe same.
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•Appeal from St. Louis Law Commissioner’s Court. This was an action originally commenced before a justice of tbe peace. The account filed before tbe justice was for work done and materials furnished in the construction of a stone wall by plaintiffs. The cause was, appealed to tbe Law Commissioner. Tbe performance of tbe work was proved on tbe trial, and its value; also that during its progress defendant made payments upon tbe same. There was also evidence tending to show a failure on tbe part of plaintiffs to perform tbe work according to contract, in that tbe wall, when built, did not…
1Opinion of the CourtLeonabd, Judge
There was no error in the refusal of the defendant’s instruction that, “ If there were a special contract and the plaintiff had failed to complete the work, he could not recover.” Where there is a special contract, and the job is to be paid for, the party who has failed to comply, on his part, certainly has no right of action upon the contract, and, in such case, if there be nothing more in the transaction, the express contract excludes any implied contract. It is, however, generally true in morals, that one who is made richer by the act of another, done without any purpose of donation on the…
2Cited by2 opinions
- Lowe v. SinklearSupreme Court of Missouri · 1858
- Shouse v. NeiswaangerMissouri Court of Appeals · 1885