Haynes, Spencer & Co. v. Second Baptist Church
Supreme Court of Missouri
Appeal from Si. Louis Court of Appeals. (1) Plaintiff Paving contracted to do an entire work for a specific sum, can recover nothing unless the work •be done, or it can be shown that it was the defendant’s fault that the work was incomplete. Story on Bailments (9 Ed.) secs. 4265 and 427a ; 1 Wharton on Contracts, ch. 14, secs. 322, 300, 308, 310, 314, 326, 547 and .714 (Ed. 1882); Pollock’s Principles of Contracts (1 Am.
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Appeal from Si. Louis Court of Appeals. (1) Plaintiff Paving contracted to do an entire work for a specific sum, can recover nothing unless the work •be done, or it can be shown that it was the defendant’s fault that the work was incomplete. Story on Bailments (9 Ed.) secs. 4265 and 427a ; 1 Wharton on Contracts, ch. 14, secs. 322, 300, 308, 310, 314, 326, 547 and .714 (Ed. 1882); Pollock’s Principles of Contracts (1 Am. Ed.) secs. 362 to .365, pp. 411 to 414; 2 Addison on Contracts (1 Am. Ed.) sec. 869, pp. 552, 3 and 4; Appleby v. Myers (1867) 2 L. R. C. P. 650 ; Navigation Company v.…
1Opinion of the CourtBlack, J.
Plaintiff and defendant, both corporations, entered into a contract by which plaintiff - agreed to make, finish and put in place certain fixtures in defendant’s building at St. Louis. The work was- to be done according to plans to the entire satisfaction of the ■superintendent and building committee, and to be completed by the first of December, 1878. under a forfeiture of ten dollars for each day’s delay. As a full compensation, defendant agreed to pay $4,800 on the completion of the work and acceptance of the same. The building was without fault of either party destroyed by an accidental…
Also in this document: Dissent.
2Cases cited8 opinions
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- Partridge v. ForsythSupreme Court of Alabama · 1856
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