Lewis v. Slack
Missouri Court of Appeals
Appeal from Jackson Circuit Court, IIon. Francis M. Black, Judge. Statement of case by the court. This is an action by the plaintiff, a contractor, to recover on the following contract, and to enforce a mechanic’s lien on the property therein named : “An agreement of two parts, made this fourteenth day of September, A. D., 1882, by and between I. J. Lewis, contractor, and Mrs. S. J. Slack, owner, witnesseth, that for and in consideration of the sum of money to be paid to the…
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Appeal from Jackson Circuit Court, IIon. Francis M. Black, Judge. Statement of case by the court. This is an action by the plaintiff, a contractor, to recover on the following contract, and to enforce a mechanic’s lien on the property therein named : “An agreement of two parts, made this fourteenth day of September, A. D., 1882, by and between I. J. Lewis, contractor, and Mrs. S. J. Slack, owner, witnesseth, that for and in consideration of the sum of money to be paid to the said Lewis by the said Slack, as hereinafter expressed, the said Lewis hereby'agrees to build and erect, and turn over…
1Opinion of the CourtPhilips, P. J.
No rule of law is better settled in this state than that, in a case like this, where the petition is founded on the contract, the plaintiff cannot recover judgment as on a quantum meruit. Eyerman v. Cemetery Ass’n, 61 Mo. 489. It is unnecessary to multiply authorities on this point, or to discuss the wisdom of the rule. It is enough to say that it is the well-settled law of this state, as announced by the Supreme Court, and we are bound by it.
The petition, in this case, is predicated on the contract, and avers the performance thereof by the plaintiff. The answer denied this fact. And the…
2Cases cited1 opinion
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
3Cited by5 opinions
- J. G. Wagner Co. v. CawkerWisconsin Supreme Court · 1902
- Stanley v. WhitlowMissouri Court of Appeals · 1914
- Traders' Bank v. PayneMissouri Court of Appeals · 1888
- Smith v. HaleyMissouri Court of Appeals · 1890
- Hayes v. BunchMissouri Court of Appeals · 1902