Missouri Smoke Preventer Co. v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No». ■ Daniel G. Taylor, Judge. (1) This was an executory contract on express conditions. The trial court found these conditions were unfulfilled, and therefore no liability could arise. Plaintiff’s express' guaranty that its device possessed certain qualities and would produce certain effects was more than a mere warranty. It was a condition precedent to any obligation on the part • of defendant. Pope v. Allis, 115 TJ.
Read the full summary
Appeal from St. Louis City Circuit Court. — No». ■ Daniel G. Taylor, Judge. (1) This was an executory contract on express conditions. The trial court found these conditions were unfulfilled, and therefore no liability could arise. Plaintiff’s express' guaranty that its device possessed certain qualities and would produce certain effects was more than a mere warranty. It was a condition precedent to any obligation on the part • of defendant. Pope v. Allis, 115 TJ. S. 363, cited in Glaus v. Magee, 42 Mo. App. 313; Norrington v. "Wright, 115 U. S. 188; Peace River Phosphate Co. v. Grafflin, 58…
1Opinion of the CourtLamm, J.
Plaintiff sues for the contract price of eight smoke consumers, two thousand dollars, and to recover its deposit of three hundred dollars made on its successful bid to supply the same, with interest on both items. Said deposit was required by defendant for a purpose hereinafter shown. The case was assigned for trial to Judge Sale, presiding in one of the divisions of the circuit court of St. Louis. Presently, a jury being waived, it was tried to the court. From a judgment in favor of plaintiff for the full amount defendant appeals.
Plaintiff corporation had long manufactured and sold on the…
2Cases cited9 opinions
- Green v. DitschSupreme Court of Missouri · 1898
- Waters Heater Co. v. MansfieldSupreme Court of Vermont · 1875
- Gibson v. VailSupreme Court of Vermont · 1881
- Spickler v. MarshCourt of Appeals of Maryland · 1872
- Springfield Engine Stop Co. v. SharpMassachusetts Supreme Judicial Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stephens Industries, Inc. v. American Express Co.Missouri Court of Appeals · 1971
- Milligan v. G. D. Milligan Grocer Co.Missouri Court of Appeals · 1921
- John Schoen Plumbing Co. v. HuguninMissouri Court of Appeals · 1911
- J. C. Boss Engineering Co. v. Gunderson Brick & Tile Co.Supreme Court of Minnesota · 1926
- McLaughlin v. HardinMissouri Court of Appeals · 1908