Spink v. Mueller
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. Judge Biggs dissenting. It was not necessary for the plaintiff to notify the contractors of his intention to have his house revarnished, because of defect in varnishing, before proceeding to do so. Under the terms of the contract, and also by the rules of the common law, no payment by plaintiff could be taken to mean an acceptance of work in which latent defects existed.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. Judge Biggs dissenting. It was not necessary for the plaintiff to notify the contractors of his intention to have his house revarnished, because of defect in varnishing, before proceeding to do so. Under the terms of the contract, and also by the rules of the common law, no payment by plaintiff could be taken to mean an acceptance of work in which latent defects existed. Van Buskirk v. Murden, 22 111. 446; Smith v. Brady, 17 N. Y. 173. Nor could occupation or use of premises be construed asan acceptance of such…
1Opinion of the CourtBiggs, J.
The defendants C. A. and Frank C. Mueller, contracted with plaintiff to build for him a house. The contract provided that the house should be built according to certain drawings and specifications, and the work to be done “to the satisfaction of Alfred M. Baker, architect.” Paragraph twelve (12) of the contract reads: “Should the contractors at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, or fail in the performance of any of the agreements on…
2Cases cited12 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Kersey v. GartonSupreme Court of Missouri · 1883
- Haysler v. OwenSupreme Court of Missouri · 1875
- Newham v. KentonSupreme Court of Missouri · 1883
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3Cited by8 opinions
- Burger v. WoodMissouri Court of Appeals · 1969
- Hotchner v. LiebowitsMissouri Court of Appeals · 1960
- Simons v. WittmannMissouri Court of Appeals · 1905
- Talbot-Quevereaux Const. Co. v. TandyMissouri Court of Appeals · 1953
- Walter v. HugginsMissouri Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.