Ward v. Haren
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Ho». Moses N. Sale, Judge. Defendant cannot claim penalties for plaintiff’s not completing the building within the time specified in the contract, when such failure of plaintiff was not due to any fault or neglect of plaintiff, but was caused by defendant ordering tile to be substituted for corrugated iron. Van Burén v. Diggs, 11 How.
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Appeal from the St. Louis City Circuit Court. — Ho». Moses N. Sale, Judge. Defendant cannot claim penalties for plaintiff’s not completing the building within the time specified in the contract, when such failure of plaintiff was not due to any fault or neglect of plaintiff, but was caused by defendant ordering tile to be substituted for corrugated iron. Van Burén v. Diggs, 11 How. (U. S.), 461; Palmer v. Stockwell, 9 Gray 237; O’Keefe v. St. Francis Church, 59 Conn. 551; St. Louis National Stock Yards v. O’Reilly, 85 111. 546; Swerney v. Davidson, 68 Iowa 386; Shute v. Hamilton, 3 Daly (N.…
1Opinion of the Court
NORTONI, J. —
This is a suit for the balance due on a building contract. The contract contained a stipulation that if the building was not completed by the plaintiff on the 15th day of April, he would pay liquidated damages at the rate of one hundred and twenty dollars per day for the delay thereafter. The balance due plaintiff for the work seems to be conceded. The only controversy in the case is in respect of defendant’s right to liquidated damages. The defendant’s answer avers that plaintiff defaulted twelve days in completing the building, and prays for liquidated damages under the…
2Cases cited10 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Buren v. Digges Ex Rel. LibbeySupreme Court of the United States · 1851
- Davis v. La Crosse Hospital Ass'nWisconsin Supreme Court · 1904
- Dannat v. . FullerNew York Court of Appeals · 1890
- Eldridge v. FuhrMissouri Court of Appeals · 1894
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3Cited by22 opinions
- Herbert & Brooner Construction Co. v. GoldenMissouri Court of Appeals · 1973
- Roberts v. Security Trust & Savings BankCalifornia Supreme Court · 1925
- Southwest Engineering Co. v. Reorganized School District R-9Missouri Court of Appeals · 1968
- Three-O-Three Investments, Inc. v. MoffittMissouri Court of Appeals · 1981
- Bloomfield Reorganized School District No. R-14, Stoddard County v. StitesSupreme Court of Missouri · 1960
17 more not listed; retrieve them via the Exa API.