Nearns v. Harbert
Supreme Court of Missouri
Appeal from Putnam Circuit Court. The plaintiff sets forth in his petition that defendant on the 2d day of April, 1856, employed plaintiff for the term of twelve months as an engineer to run his steam saw mill for fifty dollars per month, and agreed also to furnish him, plaintiff, with a dwelling house and fuel for the same time, and to pay his wages monthly; that he commenced work of defendant in compliance with said contract on the 27th day of May, 1856, and continued in…
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Appeal from Putnam Circuit Court. The plaintiff sets forth in his petition that defendant on the 2d day of April, 1856, employed plaintiff for the term of twelve months as an engineer to run his steam saw mill for fifty dollars per month, and agreed also to furnish him, plaintiff, with a dwelling house and fuel for the same time, and to pay his wages monthly; that he commenced work of defendant in compliance with said contract on the 27th day of May, 1856, and continued in his employ, faithfully discharging the duties of an engineer, until July 6, 1856, at which time defendant, without…
1Opinion of the CourtScott, Judge
All the instructions asked by the defendant were given by the court. There was nothing objectionable in the instructions asked by the plaintiff and given by the court. The measure of damages stated in them for the violation of the contract mentioned in the petition was the correct one. In the case of Pond v. Wyman, 15 Mo. 183, the rule is laid down that the refusal of the defendant to permit the plaintiff to perform his contract is equivalent to a performance' for the purpose of maintaining an action upon the contract, and the contract price of the services will be the measure of the recovery…
2Cases cited2 opinions
- Pond v. WymanSupreme Court of Missouri · 1851
- Schnerr v. LempSupreme Court of Missouri · 1853
3Cited by10 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Cornejo v. Crawford CountyMissouri Court of Appeals · 2005
- McElhinney v. KlineMissouri Court of Appeals · 1878
- William E. Peck & Co. v. Kansas City Metal Roofing & Corrugating Co.Missouri Court of Appeals · 1902
- Chambers v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1962
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