Marsh v. Richards
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. The plaintiff iii his petition set forth that on the 12th of February, 1857, he entered into a written agreement with the defendant to furnish the materials for and to construct and finish the walls of certain buildings. The stipulations of the contract are set forth, and it is stated that the fronts of the houses were to be built of pressed brick.
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Appeal from Hannibal Court of Common Pleas. The plaintiff iii his petition set forth that on the 12th of February, 1857, he entered into a written agreement with the defendant to furnish the materials for and to construct and finish the walls of certain buildings. The stipulations of the contract are set forth, and it is stated that the fronts of the houses were to be built of pressed brick. Eor the work done plaintiff was to be paid at various rates of $8, |8.50,19.50 and $10 per thousand bricks. The work was to be completed by the 1st of September, 1857, and to be paid for as it progressed.…
1Opinion of the CourtScott, Judge
There is no doubt that when a plaintiff sues on a special contract to recover the compensation due on its performance, that he must show that the contract has been performed or a legal excuse for its nonperformahee. But it is not necessary always to sue on the special contract. After a contract has been performed, the money due the contractor may be recovered on the common counts unless the contract contains some special stipulation or condition requiring an averment of *105performance. The present practice act lias not done away with the common counts, though now, when resorted to, they must…
2Cited by16 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- McHugh v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Walter v. HugginsMissouri Court of Appeals · 1912
- Creamer v. BatesSupreme Court of Missouri · 1872
- Moore v. Board of Regents for the Normal School in Distinct Number TwoSupreme Court of Missouri · 1909
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