Cozad v. Elam
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Hon. Henry G. Pepper, Judge. Where a contract has been fully executed according to its terms, and nothing remains to be done but the payment of the price, one may sue on the contract or in indebitatus assumpsit, and rely on the common count. Henderson & Jones v. Mace, 64 Mo.
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Appeal from Barry Circuit Court. — Hon. Henry G. Pepper, Judge. Where a contract has been fully executed according to its terms, and nothing remains to be done but the payment of the price, one may sue on the contract or in indebitatus assumpsit, and rely on the common count. Henderson & Jones v. Mace, 64 Mo. App. 397; Mansur v. Botts, 80 M'o. 651. In Plummer v. Frost, 81 Mo. 425, it was said a party may sue on a quantum meruit and a disclosure at the trial of a specific contract will not defeat the action. Under the practice established by the decisions in this State, a person who has…
1Opinion of the CourtNortoni, J.
(after stating the facts). — Inasmuch as the contract between the parties was not in writing and it was for the purchase of land, appellant saw fit to treat it as incapable of specific enforcement, and instituted his suit on the quantum meruit for the value of the services rendered by him thereunder. The law is abundantly well settled that in cases of this nature, where the services have been rendered under a contract unenforcible because of the statute of frauds, and the adverse party either refuses or becomes unable to perform his part, the party having rendered the services can sue on…
2Cases cited19 opinions
- Grant v. GrantSupreme Court of Connecticut · 1893
- Hamilton v. ThirstonCourt of Appeals of Maryland · 1901
- Mansur v. BottsSupreme Court of Missouri · 1883
- In re Williams' EstateMichigan Supreme Court · 1895
- Plummer v. TrostSupreme Court of Missouri · 1884
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3Cited by10 opinions
- Muench v. South Side National BankSupreme Court of Missouri · 1952
- Jones v. JonesSupreme Court of Missouri · 1933
- Mecartney v. Guardian Trust Co.Supreme Court of Missouri · 1918
- Hoyt v. BuderSupreme Court of Missouri · 1928
- Wuchter v. FitzgeraldOregon Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.