Legal Opinion

Bennett v. St. Louis Car Roofing Co.

Missouri Court of Appeals

Decided December 7, 1886PublishedCited by 3 opinions

Appeal from the St. Louis Circuit, Court Amos M. Thayeb, Judge. Contracts for personal services are entire, and can not be apportioned. The obligations of the parties are reciprocal. Garp v. Tyler, 78 Mo. 617; Forms v. Smit, 15 Mo. App. 583 ; Hanel v. Freund, 17 Mo. App. 620; Henson ». Hampton, 32 Mo. 408; Arnold «. School Fist., 73 Mo. 226; Plummer v. Frost, 81 Mo. 425. The company had no right to discharge the plaintiff, except for cause.

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Appeal from the St. Louis Circuit, Court Amos M. Thayeb, Judge. Contracts for personal services are entire, and can not be apportioned. The obligations of the parties are reciprocal. Garp v. Tyler, 78 Mo. 617; Forms v. Smit, 15 Mo. App. 583 ; Hanel v. Freund, 17 Mo. App. 620; Henson ». Hampton, 32 Mo. 408; Arnold «. School Fist., 73 Mo. 226; Plummer v. Frost, 81 Mo. 425. The company had no right to discharge the plaintiff, except for cause. The company exceeded its powers by the resolution of December 28. Cheney ®. Railroad, 68 111. 570; Trustees, etc., «. Shaffer, 63 111. 243. In construing…

1Opinion of the CourtRombauee, J.

On the first trial of this cause the court below rendered judgment in favor of the plaintiff on the admissions of the answer. We held on the defendant’s appeal that the averments of the pleadings did not admit of that disposition of the cause, and remanded it for new trial. 19 Mo. App. 349.

The pleadings were amended before the cause was re-tried. The contention between the parties was whether the plaintiff had a contract with the defendant corporation for an annual hiring at a fixed compensation, and whether he had performed the services contemplated by such contract. The petition asserted…

2Cases cited3 opinions

  1. Sherman v. Champlain Transportation Co.Supreme Court of Vermont · 1858
  2. Ream v. WatkinsSupreme Court of Missouri · 1858
  3. Bennett v. St. Louis Car Roofing Co.Missouri Court of Appeals · 1885

3Cited by3 opinions

  1. Evans v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1887
  2. Davis v. Pioneer Life InsuranceMissouri Court of Appeals · 1914
  3. Brand v. Ogden-Howard Co.Superior Court of Delaware · 1920

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