Walker v. Lundstrom
Missouri Court of Appeals
Appeal from Jasper Oircuit Court. — Nott. Howard Gray, Judge. (1) The petition in this case declared on a special contract and not on quantum meruit. Chapman v. Currie, 51 Mo. App. 40. (2) The plaintiff may have the remedy of quantum meruit in a case where the defendant prevents the full performance of a contract and is therefore in fault.
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Appeal from Jasper Oircuit Court. — Nott. Howard Gray, Judge. (1) The petition in this case declared on a special contract and not on quantum meruit. Chapman v. Currie, 51 Mo. App. 40. (2) The plaintiff may have the remedy of quantum meruit in a case where the defendant prevents the full performance of a contract and is therefore in fault. The plaintiff, if he was prevented from completing his part of the agreement in this case, had the right to treat the contract as abandoned and sue for what he had done already towards the performance instead of seeking damages on the contract for breach.…
1Opinion of the CourtBroaddus, P. J.
This is a suit by plaintiff to recover damages for breach of contract. He was employed by defendant as an architect in forming, and drawing plans and specifications, and making estimates *369for, and superintending an opera house building at Alba, Jasper county, Missouri. The contract was entered into in September, 1906. The defendant was to pay plaintiff five per cent on the estimated cost of the building which according to plaintiff’s statement, was ten thousand dollars, exclusive of the heating fixtures and the furnishing. In October the pencil sketches were completed, the plans approved and…
2Cases cited4 opinions
- Boland v. Glendale Quarry Co.Supreme Court of Missouri · 1895
- Halsey v. MeinrathMissouri Court of Appeals · 1893
- Halpin v. MannyMissouri Court of Appeals · 1894
- William E. Peck & Co. v. Kansas City Metal Roofing & Corrugating Co.Missouri Court of Appeals · 1902
3Cited by4 opinions
- Marconi Wireless Telegraph Co. v. North Pacific Steamship Co.California Court of Appeal · 1918
- Norman v. VandenbergMissouri Court of Appeals · 1911
- Reid v. KellyMissouri Court of Appeals · 1957
- Lyle v. AndalaftMissouri Court of Appeals · 1914