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Contracts Keyed to Templin
Lingenfelder v. Wainwright Brewing Co.
Citation:
103 Mo. 578, 15 S.W. 844 (Mo. 1891)Facts
Edmund Jungenfeld, an architect, contracted with Wainwright Brewing Company in June 1883 to design and supervise construction of brewery buildings for a commission of 5% on the cost of construction. Jungenfeld was also president of the Empire Refrigerating Company. When Wainwright awarded the refrigeration plant contract to De La Vergne Ice Machine Company, a competitor of Jungenfeld’s company, Jungenfeld became upset. He took his plans, removed his superintendent from the site, and informed Wainwright he would no longer work on the project. Wainwright, facing time constraints and difficulties in finding a replacement architect, promised to pay Jungenfeld an additional 5% commission on the cost of the refrigeration plant if he would resume work. Jungenfeld accepted and completed the project according to the original contract terms. The referee found that Jungenfeld never claimed Wainwright had breached the original contract or violated his legal rights.
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