Paul E. Wolff Shirt Co. v. Sacks
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge.. When a-party to a contract has done his full duty under the contract and his right to compensation for his duty done depends upon an act which the other contracting party must do, then such other party cannot rely on his own inability to perform to prevent the first party from recovering his compensation. This would be for one to take advantage of his own wrong.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge.. When a-party to a contract has done his full duty under the contract and his right to compensation for his duty done depends upon an act which the other contracting party must do, then such other party cannot rely on his own inability to perform to prevent the first party from recovering his compensation. This would be for one to take advantage of his own wrong. “A party to a contract, who by his own act prevents the happening of a condition is estopped thereafter to say that such condition has not' happened.” Lewis v.…
1Opinion of the CourtReynolds, P. J.
Plaintiff is a manufacturer of shirts. Defendant was in its employ as a traveling salesman.
This action, originally for an amount claimed to be due plaintiff from defendant, finally took the shape of an action for an accounting between the parties. By the amended petition upon which the cause went to trial, it is claimed by plaintiff that defendant was employed by it as a traveling salesman to sell shirts manufactured by it, the contract entered into August 27, 1904, to go into effect October 1, 1904, and to terminate August 31, 1905. By the contract set up and pleaded by plaintiff, the…
2Cases cited5 opinions
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Pond v. WymanSupreme Court of Missouri · 1851
- Taylor v. Enoch Morgan's Sons Co.New York Court of Appeals · 1891
3Cited by3 opinions
- Mathews v. Knoll Associates, Inc.Missouri Court of Appeals · 1965
- Barber-Greene Co. v. GouldSupreme Court of Alabama · 1926
- Star Clothing Manufacturing Co. v. JonesSupreme Court of Arkansas · 1920