Blackwell v. Adams
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Leroy B. Valliant, Judge. The finding by the court below of a judgment for thirty-five dollars in favor of the respondent is erroneous, as it is based upon a quantum meruit, and not upon the contract. Williams 'o. Porter, 51 Mo. 441 ; Teats v. Valentine, 56 Mo. 530 ; Fyerman v.- Cemetery Ass’n, 61 Mo. 489 ; Legg v. Qerardi, 22 Mo.
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Appeal from the St. Louis Circuit Court, Leroy B. Valliant, Judge. The finding by the court below of a judgment for thirty-five dollars in favor of the respondent is erroneous, as it is based upon a quantum meruit, and not upon the contract. Williams 'o. Porter, 51 Mo. 441 ; Teats v. Valentine, 56 Mo. 530 ; Fyerman v.- Cemetery Ass’n, 61 Mo. 489 ; Legg v. Qerardi, 22 Mo. App. 149; Mansur v. Pools, 80 Mo. •651. This cause was instituted in a justice’s court, where “strictness of averments and technical precision in pleadings is not required; “where parties themselves usually attend to their…
1Opinion of the CourtRombauer, J.
This cause was tried by the court without a jury. No instructions were asked or given. The only exception saved to the admission of testimony is untenable, and not pressed on this appeal; and the only question presénted for our consideration is, whether the evidence adduced warrants the judgment on any theory legally applicable to such evidence.
The action was brought on the following statement:
“Henry Adams, to Stephen F. Blackwell, Dr.
“To negotiating sale of furniture of furnished-room house at No. 1003 North Third Street, in said city, and procuring a purchaser therefor during the months of…
2Cases cited3 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Bell v. KaiserSupreme Court of Missouri · 1872
- Timberman v. CraddockSupreme Court of Missouri · 1879
3Cited by11 opinions
- Hughes & Thurman v. DoddMissouri Court of Appeals · 1912
- Stinde v. BleschMissouri Court of Appeals · 1890
- Meyers v. KilgenMissouri Court of Appeals · 1913
- McCormick v. ObanionMissouri Court of Appeals · 1913
- Good v. RobinsonMissouri Court of Appeals · 1916
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