Neville v. Hughes
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — How. H. C. Pepr per, Judge. (1) Before a party can recover upon a contract he must show that he has himself complied with it. 'Where an action for breach of contract has been brought it is essential that the pleading aver performance, and that the pleader prove it, and no recovery can be had where the evidence shows that the pleader was the first to break the contract, which is the identical case here upon the part of the plaintiff.
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Appeal from Lawrence Circuit Court. — How. H. C. Pepr per, Judge. (1) Before a party can recover upon a contract he must show that he has himself complied with it. 'Where an action for breach of contract has been brought it is essential that the pleading aver performance, and that the pleader prove it, and no recovery can be had where the evidence shows that the pleader was the first to break the contract, which is the identical case here upon the part of the plaintiff. Smith v. Keith & Perry Coal Co., 36 Mo. App. 583; Doyle v. Tnrpin, 57 Mo. App. 84. (2) Respondent by his own default…
1Opinion of the CourtReyburn, J.
(after stating the facts as above.) — 1. The question, conspicuous at the outset of this case, is the relation borne toward each other by the reciprocal obligations assumed by the contracting parties in the contract of purchase, and in particular whether the covenant made by plaintiff for the continued publication of the newspaper was a contract so far dependent on the promises of the vendor, as to render the issuance of the paper for the lifetime of those oustanding subscriptions, which might be confined to the sixteenth day of August, 1899, a condition precedent, and its performance…
Also in this document: Concurrence.
2Cases cited12 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
- Springfield Seed Co. v. WaltMissouri Court of Appeals · 1902
- Turner v. MellierSupreme Court of Missouri · 1875
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3Cited by6 opinions
- Pile v. BrightMissouri Court of Appeals · 1911
- Supreme Lodge Knights of Pythias v. DalzellMissouri Court of Appeals · 1920
- Tate v. Wabash RailroadMissouri Court of Appeals · 1908
- Reed v. MooreSupreme Court of Oklahoma · 1916
- Stringer v. Geiser Manufacturing Co.Missouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.