TEGETHOFF v. CHARLESTOWN, INC.

No. 33928.

466 S.W.2d 164 (1971)

Clem H. TEGETHOFF, d/b/a Clem H. Tegethoff Grading Company, Plaintiff-Respondent, v. CHARLESTOWN, INC., a corporation, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

March 23, 1971.


Attorney(s) appearing for the Case

Niedner, Niedner & Moerschel, by Rollin J. Moerschel, and Edward C. Ahlheim, St. Charles, for plaintiff-respondent.

Ziercher, Tzinberg, Human & Michenfelder, by Robert C. Jones, Clayton, for defendant-appellant.


CLEMENS, Commissioner.

This is an action in quantum meruit for machine labor done by plaintiff, an excavator, for the defendant apartment owner. The trial court, sitting without a jury, gave plaintiff judgment for $5,256 plus interest and a mechanic's lien on defendant's land. Defendant appeals.

Defendant questions neither the reasonable value of plaintiff's work nor the formal propriety of the lien; instead, defendant contends it agreed to pay plaintiff ...

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