Bradner v. Rockdale Powder Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough■, Judge. (1) Instruction No. 2 given for the plaintiff leaves the construction of the written contract to the jury, and is indefinite and misleading, in that it directs the jury to deduct from the “aggregate contract price” of plaintiff’s services the sums which he might still earn previous to June 15, 1905. It therefore leads the jury to believe that the defendant agreed to pay plaintiff for his services until…
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough■, Judge. (1) Instruction No. 2 given for the plaintiff leaves the construction of the written contract to the jury, and is indefinite and misleading, in that it directs the jury to deduct from the “aggregate contract price” of plaintiff’s services the sums which he might still earn previous to June 15, 1905. It therefore leads the jury to believe that the defendant agreed to pay plaintiff for his services until June 15, 1905, whereas the agreement to pay for these services continues to April 12, 1904, only. The court should have…
1Opinion of the CourtGoode, J.
(after stating the facts). — No defense was shown to plaintiff’s canse of action arising from the breach of the contract of April 12, 1904. The defendant kept plaintiff waiting until June 15th for the erection of the magazine and the commencement of business under the contract, and then informed him that the directors had decided to put his employment on a commission basis; that is, in effect, had decided to repudiate the contract. Why this was done the evidence fails to disclose; but probably it was because defendant had made other business arrangements, or found its finances in such a…
2Cases cited6 opinions
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Mabrey v. Cape Girardeau & Jackson Gravel Road Co.Missouri Court of Appeals · 1902
- Cobb v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1899
- Boland v. Glendale Quarry Co.Supreme Court of Missouri · 1895
- Randolph v. FrickMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Woodward v. DonnellMissouri Court of Appeals · 1909
- Gillen v. HaleyMissouri Court of Appeals · 1914
- Williams v. John T. Hesser Coal Co.Missouri Court of Appeals · 1921
- Cowherd v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Van Zandt v. St. Louis Wholesale Grocer Co.Missouri Court of Appeals · 1916