Opinion
No. WD68024
June 17, 2008, June 25, 2008
Appeal from Harrison County Circuit Court, The Honorable Thomas R Alley, Judge.
Andrew J. Liles, St. Joseph, MO, for appellant.
R. Cristine Stallings, Bethany, MO, for respondent.
Paul M. Spinden, P.J., James M. Smart, Jr., and Joseph M. Ellis, JJ.
MISSOURI APPELLATE COURT OPINION SUMMARY
Mark Miller and Bob Mahlandt d/b/a M M Building appeal the trial court's judgment in favor of Mary Horn on their claim for relief in quantum meruit. M M contends that Mrs. Horn was legally obligated in equity to compensate M M for services performed by M M pursuant to a contract between M M and Mrs. Horn's late husband
Affirmed.
Held:
The trial court correctly found that Mrs. Horn was not an active participant in the construction contract. In any event, the trial court also did not err in determining that the construction work performed by M M after the last payment did not add value to the property in excess of the amount already paid by Mr. Horn. There was no evidence of the objective reasonableness of the amount M M was attempting to require Mrs. Horn to pay. There also was no other evidence objectively establishing the benefit conferred in terms of market value added to the property by the construction. Thus, M M failed to prove that Mrs. Horn was benefited by their services or, if there was a benefit, how to measure that benefit. The court did not err in concluding that Mrs. Horn was not benefited by M M's services beyond the amount they had already been paid.
This summary is UNOFFICIAL and should not be quoted or cited
Please be advised that the following correction has been made on the National Reporter System cover sheet in the above-styled case:
The Respondent's Attorney's surname was misspelled.
It now reads: R. Cristine Stalings
It should read: R. Cristine Stallings