Kerr v. Cusenbary
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) No action can be maintained for services rendered, except in pursuance of a contract, expressed or implied. Lynch v. Bogy, 19 Mo. 170; Allen v. College, 41 Mo. 302; Broivn v. Chadwick, 89 Mo. 589. (2) There can be no recovery of compensation for services rendered when it was understood at the time they were rendered no charge was to be made for them against the party sought to be charged.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) No action can be maintained for services rendered, except in pursuance of a contract, expressed or implied. Lynch v. Bogy, 19 Mo. 170; Allen v. College, 41 Mo. 302; Broivn v. Chadwick, 89 Mo. 589. (2) There can be no recovery of compensation for services rendered when it was understood at the time they were rendered no charge was to be made for them against the party sought to be charged. Hoolan v. Bailey, 30 Mo. App. 585, p. 588; Morris v. Barnes, administrator, 35 Mo. 412, loe. cit. 415; Bank v. AuM, 80 Mo. 199, loc.…
1Opinion of the CourtSmith, P. J.
This is an an action to recover for certain services alleged to have been rendered by plaintiff, at the special instance and request of defendant, in and about procuring to be made a lease of a certain tract of land, between defendant and the Kansas City and Independence Air Line Railway. There was a trial in the court below, where plaintiff had judgment and to reverse which the defendant has appealed.
A demurrer was interposed at the close of plaintiff’s evidence, which was overruled. The defendant did not rest his case at this, but introduced evidence to maintain the issue in his behalf. The…
2Cases cited19 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Tyler v. ParrSupreme Court of Missouri · 1873
- Hart v. HessSupreme Court of Missouri · 1867
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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3Cited by4 opinions
- Lewis v. ThompsonMissouri Court of Appeals · 1936
- Hoover v. WhisnerMissouri Court of Appeals · 1963
- Brock v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Voerster v. KunkelMissouri Court of Appeals · 1900