Crump v. Rebstock
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, W. H. Horner, Judge, There having been an express contract as to both the nature of the services and the price to be paid, it necessarily results that quantum meruit can not be maintained. In all such instances the action must be on the express contract. Andre v. Hardin, 32 Mich. 324; Friermuth v. Friermuth, 46 Cal. 42; Moore v. Nason, 48 Mich. 300; Walker v. Bietry, 24 La.
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Appeal from the St. Louis Circuit Court, W. H. Horner, Judge, There having been an express contract as to both the nature of the services and the price to be paid, it necessarily results that quantum meruit can not be maintained. In all such instances the action must be on the express contract. Andre v. Hardin, 32 Mich. 324; Friermuth v. Friermuth, 46 Cal. 42; Moore v. Nason, 48 Mich. 300; Walker v. Bietry, 24 La. Ann. 349; Bull v. SL Johns, 39 Gra. 78 ; Provost v. Carlin, 28 La. Ann. 595 ; Oill v. Vogler, 52 Md. 663; Wilder v. Colby, 134 Mass. 377; Van Fleet v. Van Fleet, 50 Mich. 1; Stout…
1Opinion of the CourtThompson, J.
This is an action for the reasonable value of certain services as a traveling salesman, alleged to have been performed by the plaintiff for the defendant at his special instance and request. The answer is a traverse of the allegations of the petition and a counter-claim for money paid and merchandise delivered by the defendant to the plaintiff, and for money collected by the plaintiff for the defendant and not paid over, according to an itemized account, which is exhibited. A reply denied the new matter. There was a verdict and judgment for the plaintiff in the sum of $134.23.
At the trial the…
2Cases cited2 opinions
- Mansur v. BottsSupreme Court of Missouri · 1883
- Fox v. Pullman Palace Car Co.Missouri Court of Appeals · 1884
3Cited by8 opinions
- Koch v. HebelMissouri Court of Appeals · 1888
- Cozad v. ElamMissouri Court of Appeals · 1905
- Barnett v. SweringenMissouri Court of Appeals · 1898
- Kennerly v. SommervilleMissouri Court of Appeals · 1895
- Koenig v. MorrisonMissouri Court of Appeals · 1891
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