Willis v. Miller
Missouri Court of Appeals
Appeal from Phelps County Circuit Court. — Hon. L. B. Woodside, Judge. (1) There was an absolute failure of proof on the part of the plaintiff. Plaintiff’s proof failed in this, that there was no evidence offered by him as to the length of time he worked for the defendant under his alleged contract of employment. Plaintiffs recovery, if at all, must have been for some certain time. He was suing on an express contract.
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Appeal from Phelps County Circuit Court. — Hon. L. B. Woodside, Judge. (1) There was an absolute failure of proof on the part of the plaintiff. Plaintiff’s proof failed in this, that there was no evidence offered by him as to the length of time he worked for the defendant under his alleged contract of employment. Plaintiffs recovery, if at all, must have been for some certain time. He was suing on an express contract. There was no proof of the value of the services rendered, hence there could be no recovery quantum meruit. It was as necessary to prove the length of time he worked and rendered…
1Opinion of the CourtFarrington, J.
In July, 1914, Willis sued Miller before a justice for twelve months’ work as a common laborer, from June 25, 1913, to. June 25, 1914, at $18 per month, a total of $216, and recovered a judgment for $25. Defendant appealed to the circuit court where the jury gave plaintiff a verdict for $150. Defendant has again appealed his case, and contends (1) that there was a failure of proof on the part of the plaintiff, (2) that the verdict was against the instructions, and (3) that the discretion of the trial judge in refusing to grant defendant a new trial on account of the verdict being against the…
Also in this document: Concurrence.
2Cases cited3 opinions
- Ayers v. Wabash RailroadSupreme Court of Missouri · 1905
- Cobb v. HollowayMissouri Court of Appeals · 1908
- Harper v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914