Globe Light & Heat Co. v. Doud
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. Statement by tire court. This is an action to enforce a mechanics’ lien.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. Statement by tire court. This is an action to enforce a mechanics’ lien. The petition contains two counts — the first is based on a contract in writing, whereby the plaintiff agreed to furnish and place same in a certain hotel building then being erected, a gas machine and the piping for the purpose of lighting said building, and to run a line of fuel piping and to furnish asbestos grates for heating purposes. The contract specified the quality of the material and fixtures to be furnished, and contained a guarantee that “all…
1Opinion
ON MOTION FOR REHEARING.
Gill, J.
It is contended on this motion for, rehearing that we overlooked a fatal objection made as to the nature of the action, brought by the plaintiff. It is claimed that “the real cause of action was the failure of the defendant company to execute the notes *449specified in the contract, and the form of action should have been for breach of contract, instead of on the contract and quantum meruit.” This position is grounded on the words of the contract as set out in the answer, to the effect that the compensation for plaintiff’s work was to be a certain sum of money,…
2Cases cited4 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Hanna v. MillsNew York Supreme Court · 1839
- Kronenberger v. BinzSupreme Court of Missouri · 1874
- First National Bank v. LandisMissouri Court of Appeals · 1889