Lingenfelder v. Wainwright Brewing Co.

103 Mo. 578, 15 S.W. 844 (1891)

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Lingenfelder v. Wainwright Brewing Co.

Supreme Court of Missouri
103 Mo. 578, 15 S.W. 844 (1891)

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Facts

Jungenfeld (plaintiff), an architect, entered into a contract with Wainwright Brewing Co. (Wainwright) (defendant) to design and supervise the construction of a brewery. Jungenfeld also owned a refrigeration company, and when Wainwright announced that it had awarded the refrigeration contract to a competing company, Jungenfeld refused to perform the work under the contract. Wainwright, which was under pressure to complete the construction soon, promised Jungenfeld five percent on the cost of the refrigerator plant if he would resume work. Jungenfeld accepted. Lingenfelder, Jungenfeld’s successor-in-interest, brought suit to recover the unpaid five percent.

Rule of Law

Issue

Holding and Reasoning (Gantt, P.J.)

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