St. Louis Trust Co. v. York
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon.. Franklin Ferris, Judge. (1) The only question in this case is whether the court below erred in instructing a finding in favor of the defendant, and this question depends upon the construction of the clause of the contract sued on in the following language: “Upon condition that work on said road is commenced within sixty days after date and the said road completed within six months thereafter.”
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Appeal from the St. Louis City Circuit Court. — Hon.. Franklin Ferris, Judge. (1) The only question in this case is whether the court below erred in instructing a finding in favor of the defendant, and this question depends upon the construction of the clause of the contract sued on in the following language: “Upon condition that work on said road is commenced within sixty days after date and the said road completed within six months thereafter.” (2) The stipulation as to the time of completing the road is not a condition going to the essence of this contract, and the completion after the…
1Opinion of the CourtBond, J.
The plaintiff instituted suit before a justice for the first instalment of payments which defendant promised under the following contract:
“$1,500. St. Louis, July 12, 1895.
“In consideration of the benefits and advantages to me accruing from the construction and operation of the railroad of the St. Louis & Kirkwood Railroad Company, I do hereby promise and agree to pay to the St. Louis Trust Company the sum of fifteen hundred dollars, one third of said amount to be paid thirty days after the road is completed and in operation from St. Louis to Meramec Highlands. One third to be paid one year…
2Cases cited1 opinion
- Sachleben v. WolfeMissouri Court of Appeals · 1895
3Cited by1 opinion
- Greason v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905