John O'Brien Boiler Works Co. v. Sievert, No. 18412.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtSutton
Citation256 S.W. 555
PartiesJOHN O'BRIEN BOILER WORKS CO. v. SIEVERT et al.
Decision Date04 December 1923
Docket NumberNo. 18412.
256 S.W. 555
JOHN O'BRIEN BOILER WORKS CO.
v.
SIEVERT et al.
No. 18412.
St. Louis Court of Appeals, Missouri.
December 4, 1923.

Appeal from Circuit Court, Audrain County; E. S. Gantt, Judge.

"Not to be officially published."

Action by the John O'Brien Boiler Works Company against August F. Sievert, Charles H. Wild, and the Bank of Warren County. Judgment for plaintiff. From an order sustaining defendant's motion for a new trial, plaintiff appeals. Order granting defendant new trial affirmed, and cause remanded.

Leahy, Saunders & Walther, of St. Louis, B. E. Dyer, of St. Charles, and A. C. Whitson, of Mexico, Mo., for appellant.

Emil Roehrig, of Warrenton, and Frank Hollingsworth, of Mexico, Mo., for respondents.

SUTTON, C.


This is a suit upon quantum meruit for the reasonable value of materials furnished and labor performed in the repairing of a boiler belonging to defendant Sievert, located at his electric light plant at Warrenton, and to have the claim declared a lien upon the boiler, plant, and premises. The defendants Wild and Bank of Warren

256 S.W. 556

County were respectively trustee and cestui que trust in a deed of trust covering the property, and were on this account made parties to the suit.

The petition alleged that the plaintiff was engaged in doing a general boiler making and repair business; that the defendant Sievert contracted with and employed plaintiff to furnish the materials and labor necessary to patch defendant's boiler, and promised and agreed to pay plaintiff whatever said materials and work so contracted for were reasonably worth; and that, pursuant to said employment, plaintiff furnished the materials and labor for the patching of said boiler in a good, workmanlike order and manner. The petition then set out a schedule of the work done and materials furnished, and the reasonable value thereof. The reasonable value of the work and materials, including an item of $21.30 for traveling expenses of workmen, was alleged to be $370.18, and it was alleged that the defendant was entitled to a credit of $72.78 for payments made. The petition concludes with a prayer that judgment be given against defendant Sievert for the balance of $297.40, with interest from August 18, 1918, and that the same be charged as a lien against the property. The answer of defendant Sievert was a general denial, with an allegation that the work done by plaintiff was worthless and of no use or benefit to defendant. The other defendants did not answer.

The plaintiff's evidence showed that the plaintiff was a manufacturer and repairer of boilers, with its principal office and place of business in the city of St. Louis; that, on application of defendant Sievert, the plaintiff was employed by defendant to put a patch on his boiler located at his electric light plant at Warrenton, and used in the operation of the light plant; that it was agreed between the parties that the plaintiff would undertake the work, furnishing the material and labor necessary therefor, and that the defendant would pay for the work at the rate of $1.10 per hour for boiler makers and 80 cents per hour for helpers, and would pay the reasonable value of material furnished by plaintiff, and, in addition to this, pay the traveling expenses of the workmen; that, pursuant to this agreement, plaintiff sent to Warrenton from St. Louis a crew of two boiler makers and two helpers, in charge of a foreman, who was also a boiler maker, to make the repairs agreed upon; that the repairs were made by these men in a skillful and workmanlike manner; that the work was begun on Tuesday and concluded on Saturday night; that the boiler makers worked in the aggregate 157 hours, for which a charge of $172.70 was made; that the helpers worked in the aggregate 148 hours, for which a charge of 131:8.40 was made; that the 305 hours worked and charged for, as aforesaid, is made up of 233 hours actually worked and 72 hours added for overtime, arrived at by charging double time for overtime; that plaintiff furnished a steel plate, some rivets and some bolts, for which a charge of $57.78 was made; that traveling expenses of the workmen amounted to $21.30; that the defendant, shortly after the work was finished, paid for the material furnished by plaintiff $57.78, and $15 on traveling expenses, leaving a balance due plaintiff of $297.40, and that defendant also paid for the hotel accommodations of the workmen while in Warrenton. Defendant introduced evidence tending to show that it was agreed between the plaintiff and defendant that...

To continue reading

Request your trial
20 practice notes
  • Rockenstein v. Rogers, No. 28487.
    • United States
    • United States State Supreme Court of Missouri
    • October 14, 1930
    ...Waldmann v. Construction Co., 249 S.W. 698. (4) The court erred in giving Instruction 1 for plaintiff. O'Brien Boiler Works v. Sievert, 256 S.W. 555; Stack v. Baking Co., 283 Mo. 396; 223 S.W. 98; Wingfield v. Railroad Co., 257 Mo. 347; State ex rel. Long v. Ellison, 272 Mo. 571, 199 S.W. 9......
  • Kennedy v. Bowling, No. 25514.
    • United States
    • Missouri Supreme Court
    • March 17, 1928
    ...58 Mo. 145; Railroad Co. v. Smith, 21 Wall. (88 U.S.) 255; Kellogg Bridge Co. v. Hamilton, 110 U.S. 108; Boiler Works Co. v. Sievert, 256 S.W. 555; Title Guarantee Co. v. Pam, 155 N.Y. Supp. 333; O'Neil Engineering Co. v. City of San Augustine, 171 S.W. 524; Barton Cotton Co. v. Vardell, 27......
  • McDonald v. Kansas City Gas Co., No. 30432.
    • United States
    • Missouri Supreme Court
    • March 16, 1933
    ...sec. 86, p. 537; Hendry v. Drug Co., 245 S.W. 358; Harvey v. Blue Oak Handle Co., 279 S.W. 155; O'Brien Boiler Works v. Sievers, 256 S.W. 555; Marble Co. v. Gas Light Co., 128 Mo. App. 111. (3) The court committed error in refusing to give Instruction M requested by defendant Bailey-Reynold......
  • Lonergan v. Love, No. 25497.
    • United States
    • Court of Appeal of Missouri (US)
    • May 6, 1941
    ...(2) Klaber v. C.R.I. & P. Ry. Co., 225 Mo. App. 940, 945; Frazier v. Grab, 183 S.W. 1083. (3) Jno. O'Brien Boiler Works Co. v. Sievert, 256 S.W. 555, 557, 558; State ex rel. v. Ellison, 272 Mo. 571, 583, 584, 585, State ex rel. Insurance Co. v. Trimble, 318 Mo. 173, 180. (4) Lee v. Fuettere......
  • Request a trial to view additional results
20 cases
  • Rockenstein v. Rogers, No. 28487.
    • United States
    • United States State Supreme Court of Missouri
    • October 14, 1930
    ...Waldmann v. Construction Co., 249 S.W. 698. (4) The court erred in giving Instruction 1 for plaintiff. O'Brien Boiler Works v. Sievert, 256 S.W. 555; Stack v. Baking Co., 283 Mo. 396; 223 S.W. 98; Wingfield v. Railroad Co., 257 Mo. 347; State ex rel. Long v. Ellison, 272 Mo. 571, 199 S.W. 9......
  • Kennedy v. Bowling, No. 25514.
    • United States
    • Missouri Supreme Court
    • March 17, 1928
    ...58 Mo. 145; Railroad Co. v. Smith, 21 Wall. (88 U.S.) 255; Kellogg Bridge Co. v. Hamilton, 110 U.S. 108; Boiler Works Co. v. Sievert, 256 S.W. 555; Title Guarantee Co. v. Pam, 155 N.Y. Supp. 333; O'Neil Engineering Co. v. City of San Augustine, 171 S.W. 524; Barton Cotton Co. v. Vardell, 27......
  • McDonald v. Kansas City Gas Co., No. 30432.
    • United States
    • Missouri Supreme Court
    • March 16, 1933
    ...sec. 86, p. 537; Hendry v. Drug Co., 245 S.W. 358; Harvey v. Blue Oak Handle Co., 279 S.W. 155; O'Brien Boiler Works v. Sievers, 256 S.W. 555; Marble Co. v. Gas Light Co., 128 Mo. App. 111. (3) The court committed error in refusing to give Instruction M requested by defendant Bailey-Reynold......
  • Lonergan v. Love, No. 25497.
    • United States
    • Court of Appeal of Missouri (US)
    • May 6, 1941
    ...Klaber v. C.R.I. & P. Ry. Co., 225 Mo. App. 940, 945; Frazier v. Grab, 183 S.W. 1083. (3) Jno. O'Brien Boiler Works Co. v. Sievert, 256 S.W. 555, 557, 558; State ex rel. v. Ellison, 272 Mo. 571, 583, 584, 585, State ex rel. Insurance Co. v. Trimble, 318 Mo. 173, 180. (4) Lee v. Fuettere......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT