Martin v. Bunker-Culler Lumber Co.
Missouri Court of Appeals
Appeal from Shannon Circuit Court. — Son. W. N. Evans, Judge. (1) The proper measure of damage is the difference between the market value of the hub timber at the place of delivery and the contract price. If there is no market value of such timber at the place of delivery, the value at the nearest available market may he shown and allowances made for transportation charges. 24 Am. & Eng. Ency. Law, 1150-54; Wall v. Storage Co., 87 S. W., 574, 112 Mo.
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Appeal from Shannon Circuit Court. — Son. W. N. Evans, Judge. (1) The proper measure of damage is the difference between the market value of the hub timber at the place of delivery and the contract price. If there is no market value of such timber at the place of delivery, the value at the nearest available market may he shown and allowances made for transportation charges. 24 Am. & Eng. Ency. Law, 1150-54; Wall v. Storage Co., 87 S. W., 574, 112 Mo. App. 659; Marks v. Cooperage Co., 103 S. W. 20. (2) The burden of proving the market value and consequential damages is upon the plaintiff. 24…
1Opinion of the CourtGray, J.
This appeal presents the vexed and difficult problem as to when the profits, lost by the party defeated of his contract by the wrongful act of the other contracting party, can be recovered in a suit for damages based on a breach of the contract.
The defendant, in March, 1909, owned a sawmill at Bunker, Mo., and also a large body of timber in that vicinity. On the ninth of March, the plaintiff and defendant entered into a contract in writing, by the terms of which the defendant was to furnish plaintiff, free of rent for five years, a suitable site at Bunker for a hub manufacturing plait. Also…
2Cases cited12 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Jordan, Marsh & Co. v. PattersonSupreme Court of Connecticut · 1896
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Cloe v. RogersSupreme Court of Oklahoma · 1912
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
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3Cited by4 opinions
- Minneapolis Threshing MacHine Co. v. BradfordMissouri Court of Appeals · 1921
- Consumers' Glue Co. v. Samuel Bingham's Son Manufacturing Co.Missouri Court of Appeals · 1916
- Consumers' Glue Co. v. Samuel Bingham's Son Manufacturing Co.Missouri Court of Appeals · 1916
- McCown-clark Co. v. MuldrowSupreme Court of South Carolina · 1921