Dempsey v. Schawacker
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Leboy B. Valliant, Judge. (1) Appellants are entitled to recover the reasonable value of the work contracted for' on a quantum meruit, even if it exceeds the contract price. Kelly v. JRowane, 38.Mo. App. 443; Fitzgerald v. Hayivard, 50 Mo. 524; McCullough v. Balter, 47 Mo. 40; Teats v. Ballentine, 56 Mo; 538; Ahern v. Boyce, 19 Mo. App. 555; s. o., 26 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Leboy B. Valliant, Judge. (1) Appellants are entitled to recover the reasonable value of the work contracted for' on a quantum meruit, even if it exceeds the contract price. Kelly v. JRowane, 38.Mo. App. 443; Fitzgerald v. Hayivard, 50 Mo. 524; McCullough v. Balter, 47 Mo. 40; Teats v. Ballentine, 56 Mo; 538; Ahern v. Boyce, 19 Mo. App. 555; s. o., 26 Mo. App. 564. (2) If there was any waiver by the appellant it was conditional on the future performance by the respondent of his contract, and when the respondent afterward failed to perform the…
1Opinion of the CourtMacfarlane, J.
This is an action on a quantum meruit for work done and materials furnished in the construction by plaintiffs for defendant, of a livery stable in the city of St. Louis, and for a mechanics’ lien on the property for $2,748.12, the balance claimed to be due.
Defendant pleaded a special contract under which plaintiff undertook to furnish the material and construct the building in question for the sum of $8,369, and charges an abandonment of the work without cause before completion, and asked judgment for $3,267 as damages for breach of the contract. He also sets up a counterclaim for $3,267, the…
2Cases cited6 opinions
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
- City of St. Joseph v. Union Railway Co.Supreme Court of Missouri · 1893
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1896
- State ex rel. Patterson v. TittmannSupreme Court of Missouri · 1896
- Franz v. DietrickSupreme Court of Missouri · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Laughlin v. Boatmen's National BankSupreme Court of Missouri · 1945
- Spencer v. CollinsCalifornia Supreme Court · 1909
- United States v. Henke Const. Co.Court of Appeals for the Eighth Circuit · 1946
- Baker v. KellerCalifornia Court of Appeal · 1921
5 more not listed; retrieve them via the Exa API.