Webster v. Loeb
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. The instruction in the nature of a demurrer to the evidence at the close of the case should have been given because the evidence showed that this suit was prema-’ turely brought. Tobin v. McCann, 17 Mo. App. 481; Duryee v. Turner, 20 Mo. App. 34. An attorney cannot abandon his special contract of employment and sne on a quantum meruit.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. The instruction in the nature of a demurrer to the evidence at the close of the case should have been given because the evidence showed that this suit was prema-’ turely brought. Tobin v. McCann, 17 Mo. App. 481; Duryee v. Turner, 20 Mo. App. 34. An attorney cannot abandon his special contract of employment and sne on a quantum meruit. White v. Wright, 16 Mo1. App. 551. It is error to submit to the jury an issue of fact concerning which no allegation was made in the pleadings; the trial issues must be within the paper…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The uncontradicted evidence is that the partnership of B. F. and J. B. Webster was special and limited in its scope and purpose, and the evidence that was admitted, as well as that which was excluded by the court, ■shows that B. F. Webster only was employed by Epstein to bring and prosecute the land suit. The evidence further shows that the partnership between the Websters was dissolved prior to the employment of plaintiff, and the evidence of both plaintiff and defendant shows that' defendant agreed to pay plaintiff for his services, and it is not denied that…
2Cases cited4 opinions
- Williams v. . GlennyNew York Court of Appeals · 1857
- Wilson v. Minneapolis & Northwestern RailroadSupreme Court of Minnesota · 1884
- Miller v. BealIndiana Supreme Court · 1866
- Brauns v. City of Green BayWisconsin Supreme Court · 1890
3Cited by1 opinion
- Foster v. United Zinc CompaniesMissouri Court of Appeals · 1915