Creve Coeur Lake Ice Co. v. Tamm
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Pembrook R. Filtcraft, Judge. STATEMENT OK THE CASE. Action to recover damages for the breach of a written contract by which the defendant and one Theodore Tamm, then partners under the firm name of Tamm Ice & CoId Storage Company, agreed to furnish the plaintiff a certain quantity of ice during the months of April to November, inclusive, 1891. The contract was a written one dated April, 6. By it the Tamm Ice & Cold Storage…
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Pembrook R. Filtcraft, Judge. STATEMENT OK THE CASE. Action to recover damages for the breach of a written contract by which the defendant and one Theodore Tamm, then partners under the firm name of Tamm Ice & CoId Storage Company, agreed to furnish the plaintiff a certain quantity of ice during the months of April to November, inclusive, 1891. The contract was a written one dated April, 6. By it the Tamm Ice & Cold Storage Company covenanted to supply the Creve Coeur Lake Ice Company with one hundred and forty-five cars of ice, of not less…
1Opinion of the CourtGoode, J.
Exceptions were saved to rulings on the instructions and to the amount of damages awarded by the'Verdict, which was claimed to be so excessive that a remittitur could not cure the error. Certain theories of defense that *196the court ignored in submitting the case, are pressed and will be considered in their appropriate order.
The first is that plaintiff has no cause of action unless it bought ice from other persons for the specific purpose of .supplying what the defendant failed to deliver; that this essential condition is unsatisfied if purchases were made generally, without definite reference…
2Cases cited30 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Warren v. StoddartSupreme Court of the United States · 1882
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
25 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- McCaffery v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Apex Mining Company, Inc., a Corporation v. Chicago Copper & Chemical Company, a CorporationCourt of Appeals for the Eighth Circuit · 1965
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Costello v. City of KansasMissouri Court of Appeals · 1921
8 more not listed; retrieve them via the Exa API.