Moore v. H. Gaus & Sons Manufacturing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cowt. — Hon. Jacob Klein, Judge. (1) The assignment of the cause of action was not shown to he with the authority of the National Automatic Fire Alarm Company. Hyde v. Larkin, 35 Mo. App. 365. (2) The contract was not in its nature a ‘ ‘building contract,” and plaintiff was not justified in abandoning the contract and bringing suit on the quantum meruit. Teats v. Ballentine, 56 Mo. 530; JEyermcm v. Mt.
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Appeal from St. Louis City Circuit Cowt. — Hon. Jacob Klein, Judge. (1) The assignment of the cause of action was not shown to he with the authority of the National Automatic Fire Alarm Company. Hyde v. Larkin, 35 Mo. App. 365. (2) The contract was not in its nature a ‘ ‘building contract,” and plaintiff was not justified in abandoning the contract and bringing suit on the quantum meruit. Teats v. Ballentine, 56 Mo. 530; JEyermcm v. Mt. Sinai,. 61 Mo. 489; Haysler v. Owen, 61 Mo. 270; Fox v. 'Pullman Go., 16 Mo. App. 122; Gruetmer v. Furniture Go., 28 Mo. App. 263; Fletcher v. Mfg. Go., 35…
1Opinion of the CourtGrANTT, P. J.
This is an action to recover $2,900, the contract price of equipping appellant’s factory and planing mill, in the city of St. Louis, with the “Glrinnell Automatic Sprinkler System,” an apparatus designed and used for the extinguishment of fires. -
The petition is in the form of indebitatus assivmpsit for the value of the work and labor done and material furnished defendant by the National Automatic Eire Alarm Company of New York, and alleges the construction of said apparatus in defendant’s factory and planing mill by said corporation, its acceptance and use by defendant, the assignment after…
2Cases cited20 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Martin v. WebbSupreme Court of the United States · 1884
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
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3Cited by50 opinions
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Huttig v. BrennanSupreme Court of Missouri · 1931
- Scott v. Astoria RailroadOregon Supreme Court · 1903
- Wallace v. BoundsSupreme Court of Missouri · 1963
- Arthur Fritsch Foundry & Machine Co. v. Goodwin Manufacturing Co.Missouri Court of Appeals · 1903
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