St. Louis Fire Door & Sheet Metal Works v. Viviano
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. William T. Jones, Judge. (1) Plaintiff having’, elected to base its right of recovery on express contract, was bound to have pleaded the contracts relied on and any modifications the same, and could not recover in quantum meruit. Koons v. St. Louis Car Co., 20-3 Mo. 227; Harrington v. Brockman Commission Co., 107 Mo. App. 418; Stanley v. Whitlow, 181 Mo.
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Appeal from St. Louis City Circuit Court. — How. William T. Jones, Judge. (1) Plaintiff having’, elected to base its right of recovery on express contract, was bound to have pleaded the contracts relied on and any modifications the same, and could not recover in quantum meruit. Koons v. St. Louis Car Co., 20-3 Mo. 227; Harrington v. Brockman Commission Co., 107 Mo. App. 418; Stanley v. Whitlow, 181 Mo. App. 461. (2) Proof of the performance by plaintiff of the contracts relied on was also essential to plaintiff’s right to recover. Bursch v. Sanders, 37 Mo. 105; Eyerman v. Cemetery Ass’n, 61…
1Opinion of the CourtNortoni, J.
This is a suit to enforce two mechanic’s liens. Plaintiff recovered and defendants prosecute the appeal.
The first lien asserted is for the amount of $577 and the second for the amount of $297. The first lien hot-*447toms on the installation of certain sliding fire doors in defendants’ building and angle sills thereunder; while the' second relates to the installation of certain jackknife doors and transoms. The defendants, Vivianos, are the owners of the building constructed as a macaroni factory, and defendant L. B. Wright Construction Company is the original contractor. It appears plaintiff, as…
2Cases cited7 opinions
- Holland v. CunliffMissouri Court of Appeals · 1902
- Bruns v. BraunMissouri Court of Appeals · 1889
- Darlington Lumber Co. v. HarrisMissouri Court of Appeals · 1904
- E. R. Darlington Lumber Co. v. James T. Smith Building Co.Missouri Court of Appeals · 1908
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905
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3Cited by1 opinion
- Tull v. FletcherMissouri Court of Appeals · 1917