Legal Opinion

Laclede Power Co. v. Stillwell

Missouri Court of Appeals

Decided December 9, 1902PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — Ho». Selden P. Spencer, Judge. (1) By the terms of the contract of August 19, 1898, the carriage company is obliged to take power from plaintiff until August 19, 1903. Springfield Seed Co. v. Walt, 67 S. W. 938; Missouri Edison Co. v. Bry, 88 Mo.

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Appeal from St. Louis City Circuit Court. — Ho». Selden P. Spencer, Judge. (1) By the terms of the contract of August 19, 1898, the carriage company is obliged to take power from plaintiff until August 19, 1903. Springfield Seed Co. v. Walt, 67 S. W. 938; Missouri Edison Co. v. Bry, 88 Mo. App. 135; Missouri Edison Co. v. Steinberg Co., 68 S- W. 383. (2) The obligation of the clause of the contract binding the carriage company to take power from plaintiff for five years is absolute, and also independent of the clause binding the carriage company to take its “entire requirements for power…

1Opinion of the CourtBland, P. J.

— On August 19, 1898, the Zenas Varney Carriage Company, a corporation, made the following contract with the appellant corporation, to-wit:

“St. Louis, Mo., Aug. 19,1898.
“To the Laclede Power Co. of St. Louis,

Room 808 Bank of Commerce Building:

“Ton are hereby ordered to connect your underground electric power service to building No. 2017 Morgan street, ready for connection to inside wiring, for which,we agree to pay you a service charge of $--; and it is agreed to take from you a capacity of seven and one-half electric horsepower. Should a greater, power capacity be taken from your lines at…

2Cases cited4 opinions

  1. Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
  2. St. Louis & Denver Land & Mining Co. v. TierneySupreme Court of Colorado · 1881
  3. Kalichoff v. NelsonSupreme Court of Minnesota · 1895
  4. Missouri Edison Electric Co. v. M. J. Steinberg Hat & Fur Co.Missouri Court of Appeals · 1902

3Cited by6 opinions

  1. Mecartney v. Guardian Trust Co.Supreme Court of Missouri · 1918
  2. Universal Towing Company, Cross-Appellee v. United Barge Company, Cross-AppellantCourt of Appeals for the Eighth Circuit · 1978
  3. Conqueror Zinc & Lead Co. v. Aetna Life InsuranceMissouri Court of Appeals · 1911
  4. MJS Resources, Inc. v. Circle G. Coal Co.District Court, E.D. Missouri · 1980
  5. Armstrong v. HenleyMissouri Court of Appeals · 1914

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