Koons v. St. Louis Car Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) Plaintiff sued on a special contract and lie must recover upon the contract or not at all. This is the rule although the evidence develops a cause of action for money had and received or a quantum meruit for work and labor done and services performed, or some other good cause of action. In such case evidence of the reasonable value of the services performed should be excluded.
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Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) Plaintiff sued on a special contract and lie must recover upon the contract or not at all. This is the rule although the evidence develops a cause of action for money had and received or a quantum meruit for work and labor done and services performed, or some other good cause of action. In such case evidence of the reasonable value of the services performed should be excluded. Cole v. Armour, 154 Mo. 333. And plaintiff cannot sue upon one cause of action and recover upon another. Clements v. Teats, 69 Mo. 623; Smith…
1Opinion of the CourtFox, P. J.
This is an action upon contract, seeking to recover the contract price for painting cars, lettering signs, and the value of a certain stock of paints; oils, varnishes and painters ’ tools, done and furnished by plaintiff for the defendant. The suit was brought" in the circuit court of the city of St. Louis, and the amount claimed was $7,370.02, with six per cent interest from January 1, 1899.
The main questions involved regard the pleadings and the admissibility of the evidence thereunder, and, in order to properly understand those questions, it will be necessary to set out the pleadings.…
2Cases cited23 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Kelly v. ThueySupreme Court of Missouri · 1898
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
18 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Jake C. Byers, Inc. v. J.B.C. InvestmentsMissouri Court of Appeals · 1992
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- State Ex Rel. Place v. BlandSupreme Court of Missouri · 1944
- Kansas City Bridge Co. v. Kansas City Structural Steel Co.Supreme Court of Missouri · 1958
- Minter v. Tootle, Campbell Dry Goods Co.Missouri Court of Appeals · 1915
23 more not listed; retrieve them via the Exa API.