Meyers v. R. C. Greer & Sons Realty Co.

• Decision Date: 25 November 1902
• Citation: 70 S.W. 914,96 Mo. App. 625
• Court: Missouri Court of Appeals
• Parties: MEYERS v. R. C. GREER & SONS REALTY CO.

70 S.W. 914

96 Mo. App. 625

MEYERS v. R. C. GREER & SONS REALTY CO.

Court of Appeals at St. Louis, Missouri.

November 25, 1902.

ACTION FOR SERVICES — STATEMENT OF ACCOUNT — DAMAGES.

1. In this case there was evidence to support the plaintiff's cause of action and to go to the jury.

2. Plaintiff's statement in this case was unchallenged below, and full enough to support the verdict.

3. An instruction telling the jury that, if they found the issues for the plaintiff, they would allow plaintiff for her services whatever amount, in their judgment, "would be a fair and reasonable compensation for said services, taking into consideration the nature of the services rendered, and the time consumed, and all the facts and circumstances connected therewith," held erroneous, as leaving out of view the positive testimony of witnesses offered by both sides as to the value of the services.

(Syllabus by the Court.)

Appeal from St. Louis circuit court; Warwick Hough, Judge.

Action by Anna Meyers against the R. C. Greer & Sons Realty Company. Judgment for plaintiff, and defendant appeals. Reversed.

Plaintiff instituted this action before a justice of the peace by filing the following account:

                                            Oct. 29, 1901
                          Martin & Young, Lawyers
                R. C. Greer & Sons Realty Co., a corporation
                    719 Chestnut St. City, to Mrs. Anna
                        Meyers, 4211 Fair Ave., Dr
                For services rendered as janitress from
                 Jan. 1, '99, to Sept. 1, 1901, at $25
                 per month  .......................... $480 00
                  Defendant filed this counterclaim
                                            Oct. 10, 1901.
                Mrs. Annie Meyers, 2414 Pendleton Ave., City,
                      to R. C. Greer & Sons Realty Co.,
                              719 Chestnut, Dr.
                To rent of store, 2414 Pendleton Ave.
                  from June 28, 1900, to Oct. 28, 1901,
                  16 months, at $7 per month............ $112 00
                Credit by cash paid Nov. 15, 1900.......    4 00
                                                         -------
                    Balance due ........................ $108 00
                

The trial before the justice resulted in a judgment against the plaintiff, from which an appeal was taken to the circuit court, where the case was tried anew, and a verdict returned in favor of the plaintiff for $320 on her account, and in favor of defendant for $108 on its counterclaim; judgment being entered for the plaintiff for the difference ($212), and then defendant appealed.

The following instructions were given, the first at the instance of the plaintiff, and the other unrequested; defendant objecting and excepting to both:

"The plaintiff in this case claims from the defendant the sum of $480 as the value of services alleged to have been rendered by her to the defendant, at his instance and request, as janitress of certain premises at and near the southeast corner of Pendleton and St. Ferdinand streets, and the defendant claims that the plaintiff owes to it the sum of $108 for rent, and the court instructs the jury that if you believe from the evidence and all the circumstances of this case that plaintiff, with the knowledge and consent of defendant, rendered any services to defendant between January 1, 1899, and September 1, 1901, and that said services, if any, consisted in looking after and caring for certain flats and store buildings under the control of defendant, and located at southeast corner of Pendleton avenue and St. Ferdinand street, in the city of St. Louis, and you shall further believe that defendants have not paid plaintiff for said services, if any, then you will find for plaintiff, and you will allow plaintiff for said services, if any, whatever amount, in your judgment, would be a fair and reasonable compensation for said services, taking into consideration the nature of the services rendered, and the time consumed, and all the facts and circumstances connected therewith; but in no event can your verdict for plaintiff exceed $480.00."

"The court instructs the jury that if they believe from the evidence that plaintiff occupied flat No. 2414 Pendleton avenue, in the city of St. Louis, the property of defendant, at an agreed price of seven dollars per month from the 28th day of June, 1900, to the 28th day of October, 1901, and that plaintiff had not paid defendant for the same, or that she yet owes defendant a balance due upon said rent of one hundred and eight dollars, or any other amount, you should find a verdict for the defendant on its counterclaim for whatever amount you may find from the evidence remains due and unpaid."

R. M. Nichols, for appellant. Jos. S. McIntyre, for respondent.

GOO...