145 Mo. App. 523 | Mo. Ct. App. | 1909
(after stating the facts).
Plaintiff was defeated on the theory there was no consideration for Walker’s promise to pay the cost of replastering the ceilings, because plaintiff was under a contract with Gerhard to do so if the plaster first put on crumbled, and hence in agreeing with Walker and performing under the agreement, he neither undertook to do nor did more than was within the scope of his obligation to Gerhard. It is important at the outset to 'determine what this obligation was. We hold it was to do “a strictly first-class job to the satisfaction of the commissioner,” and guarantee the plastering upon the ceilings would remain in place two years. The job as first
The judgment is reversed and the cause remanded.