Lathrop v. Mayer
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Nat. M. Shelton> Judge. (1) An action for money had and received will not lie where the contract has been in part performed. In such a case the plaintiff must sue for a breach of the contract. The benefits which have accrued from the part performance will go in reduction of the damages which the plaintiff will be entitled to recover. Suddoth v. Bryan, 30 Mo.
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Appeal from the Macon Circuit Court. — Hon. Nat. M. Shelton> Judge. (1) An action for money had and received will not lie where the contract has been in part performed. In such a case the plaintiff must sue for a breach of the contract. The benefits which have accrued from the part performance will go in reduction of the damages which the plaintiff will be entitled to recover. Suddoth v. Bryan, 30 Mo. App. 31. (2) If the defendants performed a part of the contract, and failed or refused to complete it (which is not true, however, in fact) the other party has his action for damages for the…
1Opinion of the CourtEllison, J.
Plaintiff brought this action against defendants for money had and received in the sum of $1,900. The defendants by answer set up that they are husband and wife, the wife being plaintiff’s daughter. That in 1897, after their marriage, plaintiff being induced thereto by a desire to assist defendant, her son-in-law, in business, turned over to him certain stocks in the Deleware & Hudson Railroad of the value of $1,900; in consideration of which defendants were to care for, board and provide for plaintiff as a member of their family during her life. That after living with them in pursuance of…
2Cases cited12 opinions
- Richter v. RichterIndiana Supreme Court · 1887
- Jones v. RushSupreme Court of Missouri · 1900
- Lindsay v. GlassIndiana Supreme Court · 1889
- Cree v. SherfyIndiana Supreme Court · 1894
- Earp v. TylerSupreme Court of Missouri · 1881
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3Cited by4 opinions
- Dempsey v. DorranceMissouri Court of Appeals · 1910
- Thurston v. NutterSupreme Judicial Court of Maine · 1926
- Phillips v. BarnesMissouri Court of Appeals · 1904
- Stroeh v. McClintockMissouri Court of Appeals · 1908