Paul v. Minneapolis Threshing Machine Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Plaintiff can not recover upon the contract of employment for the reason that he has willfully failed to perform it, and for such failure was rightfully discharged by the defendant; nor can he recover upon, a quantum meruit for the reasons, first, that his action is based upon a contract, and second, his services were rendered under a contract, in the performance of which he was guilty throughout of fraudulent…
Read the full summary
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Plaintiff can not recover upon the contract of employment for the reason that he has willfully failed to perform it, and for such failure was rightfully discharged by the defendant; nor can he recover upon, a quantum meruit for the reasons, first, that his action is based upon a contract, and second, his services were rendered under a contract, in the performance of which he was guilty throughout of fraudulent misconduct and of a willful violation of its terms, both express and implied. Peterson v. Mayer, 46 Minn. 468; Sea v.…
1Opinion of the CourtBroaddus, J.
This suit was instituted on the twenty-ninth day of October, 1896. On the thirteenth day of February, 1897, it was referred to R. B. Middlebrook, a member of the Jackson county bar, who on the tenth day of October, 1898, filed his report, which was confirmed by the court and judgment rendered in conformity therewith on the fifteenth day of April, 1899. Plaintiff sues for services predicated on the following written contract:
*650“Minneapolis, Minn., Oct. 25, 1895.
“The agreement made this twenty-fifth day of October, .1895, between the Minneapolis Threshing Machine Company, party of the first part,…
2Cases cited18 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Wadsworth v. AdamsSupreme Court of the United States · 1891
- Davis v. BrownSupreme Court of Missouri · 1878
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- Shaeffer v. BlairSupreme Court of the United States · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. State Highway Commission v. GraelerMissouri Court of Appeals · 1957
- Beecham v. EvansMissouri Court of Appeals · 1909
- Dennison & Co. v. AldrichMissouri Court of Appeals · 1905
- Mayor v. MayorSupreme Court of Missouri · 1961
- Bush v. NormanMissouri Court of Appeals · 1920
5 more not listed; retrieve them via the Exa API.