Bowser v. Atkinson
Missouri Court of Appeals
Appeal from Greene Circuit Court . — Hon. Guy D. Kirby, Judge. (1) Appellant having paid commission in making the sale to respondent, and incurring expense in párt performance of the contract, before its repudiation by respondent; the law gives appellant a remedy by suit, to recover the money so expended and the value of labor bestowed in part performance of the contract, plus the profits that would have accrued had not the performance of the contract been prevented by the…
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Appeal from Greene Circuit Court . — Hon. Guy D. Kirby, Judge. (1) Appellant having paid commission in making the sale to respondent, and incurring expense in párt performance of the contract, before its repudiation by respondent; the law gives appellant a remedy by suit, to recover the money so expended and the value of labor bestowed in part performance of the contract, plus the profits that would have accrued had not the performance of the contract been prevented by the respondent. 1 Sedgwick on Damages, 456; Catalogue Co. v. Car & Foundry Co., 120 Mo. App. 583; American Eng. Co. v.…
1Opinion of the CourtCox, J.
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Action for damages for breach of contract to purchase certain goods. Trial by court, judgment for defendant and plaintiff has appealed.
The agent of plaintiff called upon defendant March 14, 1910, at Springfield, Missouri, and on that date the defendant signed an order for a five-barrel gasoline tank and some other goods for which he agreed to pay $206. The goods were to be shipped from Ft. Wayne, Ind., where plaintiff ’s place of business was located. The order was upon a printed blank in use by agents of plaintiff in taking orders and the blank for inserting date upon which the orders were…
2Cases cited9 opinions
- Tobias v. . LissbergerNew York Court of Appeals · 1887
- J. C. Smith & Wallace Co. v. LungerSupreme Court of New Jersey · 1900
- Lewis v. HojerNew York Court of Common Pleas · 1891
- Oklahoma Vinegar Co. v. HamiltonSupreme Court of Alabama · 1902
- Tufts v. McClure Bros.Supreme Court of Iowa · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Virginia Hardwood Lumber Co. v. HughesSupreme Court of Virginia · 1924
- G. H. Hammond Co. v. Diego Agüeros & Co.Supreme Court of Puerto Rico · 1922
- Walker v. Modern Woodmen of AmericaMissouri Court of Appeals · 1915
- J. Thomas & Son v. BrownMissouri Court of Appeals · 1913
- G. H. Hammond Co. v. Diego Agüeros & Co.Supreme Court of Puerto Rico · 1922
1 more not listed; retrieve them via the Exa API.