Chouteau v. Union Railway & Transit Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Elmer B. Adams, Judge. If it be true that this is a case where the affirmative specific performance of the contract is beyond the power of the court, its performance will be negatively enforced by enjoining its breach. Western Union Telegraph Co. v. Railroad, 3 Fed.
Read the full summary
Appeal from the St. Louis Circuit Court, Elmer B. Adams, Judge. If it be true that this is a case where the affirmative specific performance of the contract is beyond the power of the court, its performance will be negatively enforced by enjoining its breach. Western Union Telegraph Co. v. Railroad, 3 Fed. Rep. 429; s. c., 1 McCrary’s Rep. 564. The Supreme Court of the United States has expressly held in favor of compelling specific performance of the contract of a railroad company to give railway service. Express Company v. Railroad, 99 U. S. 191. “Judge Story, after an elaborate examination…
1Opinion of the CourtRombauer, J.
The plaintiffs filed their petition in the trial court, by which they sought to reform the contract hereinafter set out, and to obtain a mandatory injunction compelling the defendants to perform the contract thus reformed, -and also restraining them from discriminating as common carriers against the plaintiffs.
A temporary injunction was applied for by the plaintiffs, which the court refused to grant. The parties thereupon went to trial upon the petition, answers, and replies hereinafter referred to, and the court, after a protracted hearing, made its decree, reforming the contract as prayed…
2Cases cited11 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sedalia Brewing Co. v. Sedalia Water Works Co.Missouri Court of Appeals · 1889
- American Central Insurance v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898