Roy v. Boteler
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The contract entitles plaintiff to final payment “when the whole job is completed and accepted.” The petition alleges, but the court rejected our offer to prove, performance by plaintiff and acceptance by the defendant. The allegation stands admitted here.
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Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The contract entitles plaintiff to final payment “when the whole job is completed and accepted.” The petition alleges, but the court rejected our offer to prove, performance by plaintiff and acceptance by the defendant. The allegation stands admitted here. Acceptance by defendant implies performance by plaintiff of every condition precedent to a recovery, or a waiver by defendant of any unperformed condition.-(2) Plaintiff ’ s proceeding is well sustained by rules of practice. If the production of a certificate was a…
1Opinion of the CourtSmith, P. J.
This was a suit, brought on a builder’s contract, to enforce a mechanic’s lien for balance claimed to be due thereon. The petition, amongst other allegations, contained the following, to-wit:
Plaintiff complains of defendant, and for his cause of action states, that defendant is and at all times hereinafter mentioned has been the owner of a tract or parcel of land in the city of St. Joseph, county of Buchanan and state of Missouri, known and designated as lots 1, 2, 3 and 4, in block 3, in Wilson’s addition to. the city of St. Joseph aforesaid ; that about the eighth day of August, 1887, the…
2Cases cited15 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Lanitz v. KingSupreme Court of Missouri · 1887
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- State v. LipscombSupreme Court of Missouri · 1873
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3Cited by12 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- McNees v. Southern InsuranceMissouri Court of Appeals · 1897
- Burgess v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
7 more not listed; retrieve them via the Exa API.