Southern Lumber Co. v. Mercantile Lumber & Supply Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. Submitted an argument. (1) Before tbe appellant can recover it must show that it has complied with its contract, and until this is done no recovery can be had thereon; “Parties are bound by their contracts and can not, after committing a breach justifying an abrogation of the contract, either recover damages for such breach, or enforce the contract.” Sick v. Ins. Oo., 79 Mo. App. 612; Billup v. Daggs, 38 Mo.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. Submitted an argument. (1) Before tbe appellant can recover it must show that it has complied with its contract, and until this is done no recovery can be had thereon; “Parties are bound by their contracts and can not, after committing a breach justifying an abrogation of the contract, either recover damages for such breach, or enforce the contract.” Sick v. Ins. Oo., 79 Mo. App. 612; Billup v. Daggs, 38 Mo. App. 369. (2) Doubt ns to solvency will not justify a breach of contract, or excuse non-performance. TIobbe v. Bush Co.,…
1Opinion of the CourtSmith, P. J.
This is an action which was brought before a justice of the peace on a contract to recover damages for a breach thereof. In the circuit court, where the cause went by appeal, a demurrer to the plaintiff’s evidence being 'Sustained, it took a non-suit, and after an unsuccessful motion to set the same aside, prosecuted this appeal.
The plaintiff and defendant are both business corporations, the former a lumber manufacturer at Shreveport, Louisiana and the latter a lumber merchant at Kansas Oity. These two corporations, by certain written correspondence carried on between them, entered into a…
2Cases cited5 opinions
- Turner v. MellierSupreme Court of Missouri · 1875
- Hobbs v. Columbia Falls Brick Co.Massachusetts Supreme Judicial Court · 1892
- Larimore v. TylerSupreme Court of Missouri · 1886
- Doyle v. TurpinMissouri Court of Appeals · 1894
- Denny v. KileSupreme Court of Missouri · 1852
3Cited by4 opinions
- Hunter Bros. Milling Co. v. StanleyMissouri Court of Appeals · 1908
- Roaring Fork Potato Growers v. C. C. Clemons Produce Co.Missouri Court of Appeals · 1916
- Fairbanks , Morse & Co. v. Midvale Mining & Manufacturing Co.Missouri Court of Appeals · 1904
- Coonan v. City of Cape GirardeauMissouri Court of Appeals · 1910