Walker v. Guthrie
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — How. W. K. James, Judge. Where a petition counts on a contract, there can be no recovery on quantum meruit. Detheridge Lumber Co. v. Schneider, 65 Mo. App. 569; Eyerman v. Cemetery Association, 61 Mo. 489; Davis v. Brown, 67- Mo. 313. Although a petition counts on contract, there may be recovery on quantum meruit where the suit originates in the justice of the peace court, as did this.
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Appeal from Buchanan Circuit Court. — How. W. K. James, Judge. Where a petition counts on a contract, there can be no recovery on quantum meruit. Detheridge Lumber Co. v. Schneider, 65 Mo. App. 569; Eyerman v. Cemetery Association, 61 Mo. 489; Davis v. Brown, 67- Mo. 313. Although a petition counts on contract, there may be recovery on quantum meruit where the suit originates in the justice of the peace court, as did this. This exact point was raised in, and decided by the Supreme Court of this State in 1855, and the conclusion there reached is directly opposed to appellants. Metz v. Eddy, 21…
1Opinion of the CourtBroaddus, J.
This suit originated before a justice of the peace, where it was tried and appealed to the circuit court. The statement filed before the justice is as follows:
“Plaintiff for his cause of action states that on or about the 29th day of December, 1901, a certain agreement was made and entered into by and between plaintiff and defendant to the following effect: That plaintiff was to furnish the materials and apparatus and do the work of fumigating defendant’s residence in St. Joseph, Missouri, at and for the agreed sum of four dollars per room, which amount defendant agreed to pay to plaintiff.…
2Cases cited6 opinions
- Gaty v. SackMissouri Court of Appeals · 1885
- Lemon v. LloydMissouri Court of Appeals · 1891
- West v. FreemanMissouri Court of Appeals · 1898
- Boyle v. ClarkMissouri Court of Appeals · 1895
- Buschmann v. BrayMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McDonnell v. StevinsonMissouri Court of Appeals · 1903
- Herrick v. ManessMissouri Court of Appeals · 1910
- Walton v. CarlisleSupreme Court of Missouri · 1926