Legal Opinion · Dissent

Johnston v. Star Bucket Pump Co.

Supreme Court of Missouri

Decided April 27, 1918Published

Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) Even if defendant’s counterclaim be disregarded entirely, it was gross error to give plaintiff a judgment when, witb all liabilities paid, be bad in bis pocket more than be would bave made bad be completed tbe contract. Drainage Dist. v. Surety Co., 252 Mo. 565; Moore v. Gauss & Sons Mfg. Co., 113 Mo. 98; Harrison v. Franklin, 126 Mo. App. 366; Mitchell PI. M. Co. y.

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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) Even if defendant’s counterclaim be disregarded entirely, it was gross error to give plaintiff a judgment when, witb all liabilities paid, be bad in bis pocket more than be would bave made bad be completed tbe contract. Drainage Dist. v. Surety Co., 252 Mo. 565; Moore v. Gauss & Sons Mfg. Co., 113 Mo. 98; Harrison v. Franklin, 126 Mo. App. 366; Mitchell PI. M. Co. y. Allison, 138 Mo. 50; Bean v. Miller, 69 Mo. 384; Berthold v. Elect. Con. Co., 165 Mo. 280; Lazar Mfg. Co. v. Pelligreen C. & I. Co., 179 Mo. App. 447;…

1DissentBond, J.

(dissenting) — I. Plaintiff brings an action in quantum meruit to recover the reasonable value of material and labor furnished in the - construction of a *452building and to establish a' mechanic's lien ' therefor against the building and the real estate upon which it is situated.

statement

The account exhibited contains a multitude of items of charge and .a claim of a balance of $12,920.08, due after allowance of credits, for which judgment and a lien to secure the same are prayed.

The defendant answered that it had paid plaintiff for all the materials and labor furnished by hiiu and, further, that…

2Cases cited21 opinions

  1. Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
  2. Fowle v. Lawrason'sSupreme Court of the United States · 1831
  3. Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
  4. State ex rel. Kimbrell v. People's Ice, Storage & Fuel Co.Supreme Court of Missouri · 1912
  5. Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886

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