Wright v. Sanderson
Missouri Court of Appeals
Appeal from the Randolph Circuit Court, Hon. GL H. Burokhartt, Judge. Statement of case by the court. The petition in this case avers that the defendants, as partners, in consideration of a certain sum to be paid by plaintiff, agreed “to do all the brick and stone work in building the foundation and walls in a certain dwelling house plaintiff was erecting on Franklin street, in the city of Moberly, Mo.,” obligating themselves to furnish all material used in doing said work.
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Appeal from the Randolph Circuit Court, Hon. GL H. Burokhartt, Judge. Statement of case by the court. The petition in this case avers that the defendants, as partners, in consideration of a certain sum to be paid by plaintiff, agreed “to do all the brick and stone work in building the foundation and walls in a certain dwelling house plaintiff was erecting on Franklin street, in the city of Moberly, Mo.,” obligating themselves to furnish all material used in doing said work. The petition states that the defendants agreed to do said work in a good, workmanlike manner, and to furnish, in the…
1Opinion of the CourtHall, J.
The first question for us to determinéis, is this an action to .recover direct or consequential damages on account of the defendants’ failure to perform their contract ?
The plaintiff having abandoned so much of his petition as referred to the brick wall of his house, this action S3 for damages caused by the defendants’ failure to build the stone foundation wall in accordance with the-terms of their contract. Whether for direct or consequential damages, must be determined from the petition.
If this is an action for the direct damages caused by *540such failure on the part of the defendants, the…
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