Freeman v. Junge Baking Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — No». Hugh Dabbs, Judge. (1) The court should have given the declaration in nature of demurrer to the evidence. Defandant is not liable for the reasonable value of plaintiff’s services because it made no express agreement to pay therefor. The law does not imply a contract on its part to pay therefor. Meisenbach v. Cooperage Co., 45 Mo. App. 232; Jesserich v. Walruff, 51 Mo. App. 270; Eankin v. Beale, 68 Mo.
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Appeal from Jasper Circuit Court. — No». Hugh Dabbs, Judge. (1) The court should have given the declaration in nature of demurrer to the evidence. Defandant is not liable for the reasonable value of plaintiff’s services because it made no express agreement to pay therefor. The law does not imply a contract on its part to pay therefor. Meisenbach v. Cooperage Co., 45 Mo. App. 232; Jesserich v. Walruff, 51 Mo. App. 270; Eankin v. Beale, 68 Mo. App. 325; Hasler v. Lumber Co., 101 Mo. App. 138. (2) An express agreement does not exist unless the terms thereof are declared at the time. Such…
1Opinion of the CourtEllison, J.
Plaintiff is a physician and surgeon. He was called professionally to attend Pontis, one of defendant’s employees whose hand was severely injured while engaged in its service in its bakery.. The judgment in the trial court was for plaintiff.
There was evidence tending to show that plaintiff was called by telephone to come to see Pontis. That he responded to the call and that he found him suffering with a crushed hand. That defendant’s general manager employed plaintiff “to take care of him.” That the manager, with the assistance of another, put Pon*126tis in plaintiff’s buggy for the purpose of…
2Cases cited2 opinions
- Evans v. Marion Mining Co.Missouri Court of Appeals · 1903
- Reynolds v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
3Cited by5 opinions
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Ghio v. Schaper Bros.Missouri Court of Appeals · 1914
- Amerada Petroleum Corp. v. StricklinSupreme Court of Oklahoma · 1933
- Benton v. StadlerWisconsin Supreme Court · 1931
- Greensfelder v. Witte Hardware Co.Missouri Court of Appeals · 1915