Watcham v. Inside Inn Co.

• Decision Date: 15 July 1911
• Citation: 139 S.W. 228,159 Mo. App. 33
• Parties: WATCHAM v. INSIDE INN CO.
• Court: Missouri Court of Appeals

139 S.W. 228

159 Mo. A. 33

WATCHAM v. INSIDE INN CO.

St. Louis Court of Appeals. Missouri.

July 15, 1911.

1. MASTER AND SERVANT (§ 72)—EMPLOYMENT —CONTRACTS—EFFECT.

Recital in a letter employing plaintiff as assistant hotel manager that, while the writer would retain the general management, he expected to delegate to plaintiff the usual duties of manager and employment of a large part of the help, did not require plaintiff to act as manager without extra compensation on the employing manager becoming incapacitated.

2. MASTER AND SERVANT (§ 72)—EXTRA SERVICES —RIGHT TO RECOVER.

An assistant hotel manager can recover on quantum meruit for extra services rendered on the manager becoming incapacitated by showing an express agreement to reasonably compensate him for such services, or that they were rendered under such circumstances as to suggest to the employer that additional compensation was expected.

3. MASTER AND SERVANT (§ 80)—EXTRA SERVICES — RIGHT TO COMPENSATION — JURY QUESTION.

Whether extra services were rendered by an assistant hotel manager under reasonable expectation for payment held, under the evidence, a jury question.

Appeal from St. Louis Circuit Court; William M. Kinsey, Judge.

Action by Harry Watcham against the Inside Inn Company, a corporation. Judgment for defendant, and plaintiff appeals. Reversed and remanded.

David Goldsmith and Sale & Sale, for appellant. Nathan Frank and Richard A. Jones, for respondent.

NORTONI, J.

This is a suit on quantum meruit for the reasonable value of services rendered by plaintiff as manager of defendant's hotel. At the conclusion of the evidence on the part of plaintiff, the court peremptorily directed a verdict for defendant, and plaintiff prosecutes the appeal.

The present suit was filed in the month of May, 1905, but the case was continued from time to time in the circuit court until but recently when the trial was had with the result stated. During the year 1904, the Louisiana Purchase Exposition Company conducted what is known as the World's Fair at St. Louis and defendant hotel company had a concession from it which permitted the operation of the hotel known as the "Inside Inn" within the fair grounds. Defendant's hotel was a very large one and contained 2,360 rooms. In and about it there were employed from 800 to 1,000 persons, and it entertained as many as 3,800 guests at one time. Though it was but a temporary frame structure erected for World's Fair purposes, it was a high-class institution in point of fare and service, and enjoyed a very great patronage. Indeed, it is said that its gross receipts during the seven months of the World's Fair were $1,400,000. Defendant hotel company was under the management of Mr. E. M. Statler, its president, who employed plaintiff for the season as assistant manager of the hotel, at a salary of $200 per month. The World's Fair opened May 1, 1904, and it appears that on the evening before, April 30th, Mr. Statler, the president and manager of defendant, suffered an injury through being scalded by the explosion of a hot water tank, and was therefore removed to the hospital. Mr. Statler remained in the hospital for from six weeks to two months and returned to the hotel for about two weeks, after which he was again placed in the hospital for some time. He finally recovered sufficiently to return to the hotel, probably about the 1st of August, and there remained during the summer but was unable to perform any of the duties as manager. Indeed, his condition was such that he could be moved around only in an invalid chair until the hotel closed the 1st of December. While Mr. Statler was in this condition, the entire management of the hotel was cast upon plaintiff, and he sues for compensation as manager averring that defendant agreed he should be reasonably compensated as manager.

The trial court obviously directed a verdict for defendant on the theory that the duties of manager which he performed were within the contract of plaintiff's original employment as assistant manager, for in no other view may the judgment be sustained. The entire contract by which plaintiff was originally employed is to be found in certain telegrams and a letter as follows: While plaintiff was employed at the Garden Hotel, at Atlantic City, New Jersey, Mr. Statler, defendant's president, telegraphed him March 21, 1904, as follows: "Do you feel capable and willing to act as one of my assistant managers at your present salary? Answer." Plaintiff immediately replied thereto by wire as follows: "Perfectly willing, and hope to prove capable in position named under your direction. Understand salary is to be two hundred dollars per month. Big Easter season coming on, and cannot be with you until April 5th or 10th. Please answer fully by letter. Many thanks for your offer." To this telegram defendant's president, Mr. Statler, answered forthwith by wire as follows: "Your understanding of offer correct; letter follows."

On the same date as that borne by the last telegram quoted—March 22, 1904—Mr. Statler, defendant's president, wrote plaintiff the following letter, which sets forth all three of the telegrams, and constitutes the original contract of employment between the parties: "St. Louis, March 22nd, 1904. Mr. Harry Watcham, Garden Hotel, Atlantic City, N. J.—Dear Sir: We wired you, on Saturday as follows: `Do you feel capable and willing to act as one of my assistant managers at your present salary? Answer.' We have your telegram in reply, saying: `Perfectly willing, and hope able to prove capable in position named under your directions. Understand salary is to be two hundred per month. Big Easter season coming on. Cannot be with you until April 5th or 10th. Please answer fully by letter. Many thanks for your offer.' To this, we wired you in reply: `Your understanding of offer correct. Letter follows'—all of which we beg to confirm. On your telegram, we will consider the position of an assistant to myself in the management of the hotel closed, and, while we do not wish to inconvenience you in any way, we believe that it will be best for you, for me, and for the hotel that you should come on at as early a date as you can. Your salary to be $200 per month. While I expect to maintain the general management of the...