Rutledge & Taylor Coal Co. v. Mermod, Jaccard & King Jewelry Co.
Missouri Court of Appeals
Appeal from tlie Circuit Court of the City of St. Louis. —lion. Benj. J. Klene, Judge. (1) When a contract creating a relation between the parties thereto, terminating at a fixed time, contains a provision giving one of the parties an option to renew the relation for a further period, such option expires with the time fixed by the contract for that relation in the first instance and cannot be exercised thereafter.
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Appeal from tlie Circuit Court of the City of St. Louis. —lion. Benj. J. Klene, Judge. (1) When a contract creating a relation between the parties thereto, terminating at a fixed time, contains a provision giving one of the parties an option to renew the relation for a further period, such option expires with the time fixed by the contract for that relation in the first instance and cannot be exercised thereafter. (2) This foregoing applies when the contract is for current sales or services terminating at a fixed time, ■with option for renewal, which is the precise case under ■discussion.…
1Opinion of the Court
The plaintiff (appellant) instituted this action to recover the sum of six hundred and thirty-eight dollars and twenty five cents, being the contract price of coal delivered by it to defendant during the month of March, 1917, under a written contract between the parties.
The defendant filed a counterclaim, in which it prayed judgment against the plaintiff for seventy-seven hundred and eighteen dollars and fifty-seven cents, being the alleged damages sustained by it and arising out of plaintiffs refusal to renew its said contract.
Plaintiff's claim was not contested and the circuit court,…
2Cases cited14 opinions
- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
- Frank Oil Co. v. Belleview Gas & Oil Co.Supreme Court of Oklahoma · 1911
- Howell v. City of Hamburg Co.California Supreme Court · 1913
- Insurance & Law Building Co. v. National BankSupreme Court of Missouri · 1879
- Thiebaud v. First National BankIndiana Supreme Court · 1873
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- American Press Co. v. City of St. LouisSupreme Court of Missouri · 1926
- Pyrate Corp. v. SorensenCourt of Appeals for the Ninth Circuit · 1930
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