Macgregor v. Union Life Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. Charles F. Macgregor, the plaintiff in error, brought an action against the Union Life Insurance Company of Omaha, Neb., the defendant in error, to recover damages for the breach of a contract, which was as follows: “This agreement, made and entered into, by and between the Union Life Insurance Company, of Omaha, Nebraska, party of the first part, and C. F. Macgregor, of the city of…
Read the full summary
In Error to the Circuit Court of the United States for the Western District of Missouri. Charles F. Macgregor, the plaintiff in error, brought an action against the Union Life Insurance Company of Omaha, Neb., the defendant in error, to recover damages for the breach of a contract, which was as follows: “This agreement, made and entered into, by and between the Union Life Insurance Company, of Omaha, Nebraska, party of the first part, and C. F. Macgregor, of the city of Kansas City, and the state of Missouri, as party of the second part, witnesseth: “The said party of the first part, for and…
1Opinion of the CourtThayer, Circuit Judge
The complaint to which the demurrer was addressed contains allegations that are sufficient to show that the contract in suit had been broken by the defendant company when this' action was commenced, unless the agency contract was of such a nature that the agency could be terminated at the pleasure of the company. The doctrine is elementary that when one of two contracting parties disables himself from performing the stipulations by him to be performed, or refuses to permit the opposite party to execute the agreement according to its tenor, he is guilty of a breach of contract, and may be sued…
2Cases cited8 opinions
- Wolf v. MarshCalifornia Supreme Court · 1880
- Koehler v. BuhlMichigan Supreme Court · 1893
- Smith v. TheobaldCourt of Appeals of Kentucky · 1887
- Smith v. JordanSupreme Court of Minnesota · 1868
- Webster v. CoffinMassachusetts Supreme Judicial Court · 1817
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Moore v. Security Trust & Life Ins.Court of Appeals for the Eighth Circuit · 1909
- Martin v. Star Publishing CompanySupreme Court of Delaware · 1956
- Roxana Petroleum Co. v. RiceSupreme Court of Oklahoma · 1924
- Hollweg v. Schaefer Brokerage Co.Court of Appeals for the Sixth Circuit · 1912
- Merchants' Life Ins. Co. v. GriswoldCourt of Appeals of Texas · 1919
5 more not listed; retrieve them via the Exa API.