LINGENFELDER V. WAINWRIGHT BREWERY CO.
103 Mo. 578, 15 S.W. 844 (1891)
NATURE OF THE CASE: This was a dispute over architectural services. Wainwright (D) sought
review of an order, which reversed the referee's finding and found that D had breached its
contract with the architect, in an action by Lingenfelder (P), executors of architect's
estate against D.
FACTS: Jungenfeld was under contract with D to act as architect for a brewery. Jungenfeld
was also president of Empire Refrigerating Company and against his wishes a Mr. Wainwright
awarded a contract for a refrigeration plant to De La Vergne Company, a competitor of
Empire. Mr. Jungenfeld then decided to pull his men and supervision from the construction of
a brewery for Mr. Wainwright and refused to perform any more architectural services. Mr.
Wainwright needed the brewery finished in a hurry and could not do so with Jungenfeld and
therefore promised Jungenfeld that he would get 5% of the cost of the De La Vergne ice
machine if he resumed work. Jungenfeld did so and when finished Mr. Wainwright refused to
pay the extra 5% as promised. A referee found that the promise to pay was without
consideration as Jungenfeld was obligated to finish the brewery. D prevailed and P appealed.
The lower court reversed the referee's decision. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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