Voerster v. Kunkel
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon, Pembroolc B. Flitcraft, Judge. Under the facts as found by the referee, no intention to ■charge, or to pay by either party, can as a matter of law be inferred. Potter v. Carpenter, 76 N. T. 157. The subsequent attempt to charge in 1890, does not alter the situation.
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Appeal from the St. Louis City Circuit Court. — Hon, Pembroolc B. Flitcraft, Judge. Under the facts as found by the referee, no intention to ■charge, or to pay by either party, can as a matter of law be inferred. Potter v. Carpenter, 76 N. T. 157. The subsequent attempt to charge in 1890, does not alter the situation. Osier v. Hobbs, 33 Ark. 215; Allen v. Bryson, 67 Iowa 591; Cook v. Beadley, 7 Oonn. 57; Williams v. Hathaway, 19 Pick. 387. (1) Where a person requests. the performance of ■services, and the request is complied with and the services are performed, and it is not agreed, and can…
1Opinion of the CourtBiggs, J.
The plaintiff is a practicing physician. The defendant is a professor of music. The plaintiff sues for medical services alleged to have been rendered to the members of defendant’s family at 'his request, and also to persons belonging to the family of defendant’s brother. The defendant denied the alleged indebtedness and filed a counterclaim for musical lessons given to plaintiff’s children and also for other services pertaining to the defendant’s profession. The cause was sent to a referee, who found the sum of five hundred and forty-six dollars to be due plaintiff for the medical services…
2Cases cited4 opinions
- Hart v. HessSupreme Court of Missouri · 1867
- Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
- Whaley v. PeakSupreme Court of Missouri · 1871
- Kerr v. CusenbaryMissouri Court of Appeals · 1895