Lawrence v. Hennessy
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, J udge. (1) Procuring a franchise by plaintiffs was made, by the contract, an essential part of the consideration for payment by Hennessy and Massie. It was a condition precedent. (2) Plaintiffs can not recover without- showing performance, or that performance was waived by the other parties. 7 Am. and Eng. Ency. of Law (2 Ed.), 145; Eyerman v. Mt.
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Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, J udge. (1) Procuring a franchise by plaintiffs was made, by the contract, an essential part of the consideration for payment by Hennessy and Massie. It was a condition precedent. (2) Plaintiffs can not recover without- showing performance, or that performance was waived by the other parties. 7 Am. and Eng. Ency. of Law (2 Ed.), 145; Eyerman v. Mt. Sinai Ass’n, 61 Mo. 489; Railroad v. Boestler, 15 Iowa 555. (3) The existence of ordinance No. 93, and taking possession of the physical plant could not constitute a waiver, because: (a)…
1Opinion of the CourtMarshall, J.
This is an action to recover seven thousand dollars, the purchase price agreed to be paid by defendants for the gas plant and franchise to operate the same in Carthage.
Briefly stated the facts are these: On the twenty-third of May, 1891, the common council of Carthage, by ordinance numbered 93, granted to the Southwestern Light and Euel *664Company-a franchise to construct and operate a plant for furnishing gas to the people and the public, for a term of twenty years, the charge for gas not to exceed one dollar and twenty-five cents per thousand cubic feet. A plant was erected by the company, and…
2Cases cited4 opinions
- Humphreys v. McKissockSupreme Court of the United States · 1891
- State ex rel. Ziegenhein v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1893
- Wilson v. BeckwithSupreme Court of Missouri · 1897
- Fitzpatrick v. MikMissouri Court of Appeals · 1887
3Cited by6 opinions
- Hargis v. SampleSupreme Court of Missouri · 1957
- Brown v. RedfernMissouri Court of Appeals · 1976
- State ex rel. Leahy v. BarnettMissouri Court of Appeals · 1915
- Equitable Fire & Marine Insurance v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Brown v. Lehigh Valley RailroadNew York Supreme Court · 1919
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