Gibson v. Whip Publishing Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. (George W. Lubke, Judge. If a xiarty agrees to do au act, he is bound to perform what he undertook to do, or pay damages ; the impossibility of accomj)lishing the thing will not excuse him. Beebe v. Johnson, 19 Wend. (N. Y.) 500 ; 3 Comyn’s Dig. 93 ; 1 Roll. Abs. 310. If a party to a contract disables himself from performing it, he may be sued for the breach.
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Appeal from the St. Louis Circuit Court, Hon. (George W. Lubke, Judge. If a xiarty agrees to do au act, he is bound to perform what he undertook to do, or pay damages ; the impossibility of accomj)lishing the thing will not excuse him. Beebe v. Johnson, 19 Wend. (N. Y.) 500 ; 3 Comyn’s Dig. 93 ; 1 Roll. Abs. 310. If a party to a contract disables himself from performing it, he may be sued for the breach. Crabtree ». Messer smith, 19 Iowa, 179. When one binds himself by an agreement he is held liable for its performance, though it is rendered impossible by events over which he has no control.…
1Opinion of the Court
Rombauer, J.,
delivered the opinion of the court..
The only complaint made upon this appeal is, that,, upon the uncontroverted testimony, the plaintiff, appellant, was entitled to a judgment for one hundred and. thirty dollars, and the trial court rendered judgment in his favor for nominal damages only.
The following facts were shown upon the trial:: The plaintiff was a cartoon artist, and, at the date of the contract sued upon, in the employ of defendants’ predecessor at a weekly salary of twenty dollars. When the defendants took, charge of the business they continued the former employes and…
2Cases cited3 opinions
- Miller v. StokelyOhio Supreme Court · 1855
- Cleveland & Pittsburgh Railroad v. KelleyOhio Supreme Court · 1855
- Porter v. Buckfield Branch RailroadSupreme Judicial Court of Maine · 1851
3Cited by2 opinions
- Roder v. NilesIndiana Court of Appeals · 1916
- Armstrong v. HenleyMissouri Court of Appeals · 1914