West v. Moser
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court.Hon. W. W. Edwabds, Judge. ' (1) When the contract was broken in July, 1888, this gave a cause of action, and only one; all damages flowing from said breach were an entirety; the suit for the keeping of the horses for the months of June and July, 1888, was a part of said damages, and indivisible-from any other, which respondent nad or could suffer, and the suit for their recovery was an adjudication of' all" the causes of action…
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Appeal from the St. Louis County Circuit Court.Hon. W. W. Edwabds, Judge. ' (1) When the contract was broken in July, 1888, this gave a cause of action, and only one; all damages flowing from said breach were an entirety; the suit for the keeping of the horses for the months of June and July, 1888, was a part of said damages, and indivisible-from any other, which respondent nad or could suffer, and the suit for their recovery was an adjudication of' all" the causes of action flowing from said breach, and should estop respondent in this suit. Bliss on Code-Pleading, sec. ¡118; 1 Sutherland on…
1Opinion of the CourtThompson, J.
This action is brought to recover damages for the breach of a contract, by which, in consideration of the plaintiff’s erecting certain stalls and structures on a farm leased and occupied by him in St. Louis county, the defendant agreed to furnish a stallion and a certain number of mares to be kept therein at an agreed price per month, to be paid by him to the plaintiff. The answer embodied: First. A general *204denial. Second. A plea of res judicata. Third. A special defense in the nature of an alternative plea of fraud and mistake in entering into the contract. Nothing concerning the last…
2Cases cited9 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Moran v. PlankintonSupreme Court of Missouri · 1876
- Reformed Protestant Dutch Church of Westfield v. BrownNew York Supreme Court · 1869
- Funk v. FunkMissouri Court of Appeals · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- La Rue v. KempfMissouri Court of Appeals · 1914
- Puckett v. National Annuity Ass'nMissouri Court of Appeals · 1908
- State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
- Cunningham v. Union Casualty & Surety Co.Missouri Court of Appeals · 1900
- Laswell v. National Handle Co.Missouri Court of Appeals · 1910
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