Legal Opinion

Christine v. Luyties

Supreme Court of Missouri

Decided January 6, 1920PublishedCited by 13 opinions

Appeal from St. Louis City Circuit Court. — Hon. Benjamin K. Klene, Judge. (1) The filing of a counterclaim for damages for alleged breaches of contract does not abrogate the contract so far as the other party is concerned, and' his right of recovery, if any, is still limited by the terms of the contract, subject to a deduction for the amount of damages, if any, awarded on the counterclaim. Moore •v. Gaus & Sons Mfg.

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Appeal from St. Louis City Circuit Court. — Hon. Benjamin K. Klene, Judge. (1) The filing of a counterclaim for damages for alleged breaches of contract does not abrogate the contract so far as the other party is concerned, and' his right of recovery, if any, is still limited by the terms of the contract, subject to a deduction for the amount of damages, if any, awarded on the counterclaim. Moore •v. Gaus & Sons Mfg. Co.,'113‘Mo. 98. (2) In an action upon quantum meruit, where there is a contract governing the amount of the plaintiff’s compensation, the amount of recovery is, in all cases,…

1Opinion of the Court

This action was commenced by plaintiff in the Circuit Court of the City of St. Louis, Missouri, on October 27, 1911, in two counts. The first is based upon an alleged contract between plaintiff and defendant, in regard to the construction of thirty-two houses at Kenwood, St. Louis County, Missouri, upon land owned by defendant, located a short distance northwest of the City of St. Louis. The second, is upon a quantum meruit, based upon substantially the same facts as are pleaded in the first count of petition.

The first count alleges, in substance, that, about the first of April, 1907,…

2Cases cited9 opinions

  1. Shreveport v. ColeSupreme Court of the United States · 1889
  2. Hope Mutual Insurance v. FlynnSupreme Court of Missouri · 1866
  3. State ex rel. Harrison v. FrazierSupreme Court of Missouri · 1889
  4. Leete v. State BankSupreme Court of Missouri · 1897
  5. State ex rel. Wayne County v. HackmanSupreme Court of Missouri · 1917

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3Cited by13 opinions

  1. Cazzell v. SchofieldSupreme Court of Missouri · 1928
  2. Jeck v. O'MearaSupreme Court of Missouri · 1938
  3. Protection Mutual Insurance Co. v. Kansas CityMissouri Court of Appeals · 1977
  4. State Ex Rel. Raleigh Investment Co. v. AllenSupreme Court of Missouri · 1922
  5. Architectural Resources, Inc. v. RakeyMissouri Court of Appeals · 1995

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