Simons v. Wittmann
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge, (1) The court erred in admitting proof of the reasonable cost of the buildings, for the reason (1) that the averments of the petition will not admit of such proof and the appellant was not advised of such an issue; and (2) for the reason that the difference between the contract price and the reasonable cost of said buildings is not the proper measure of damages.
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Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge, (1) The court erred in admitting proof of the reasonable cost of the buildings, for the reason (1) that the averments of the petition will not admit of such proof and the appellant was not advised of such an issue; and (2) for the reason that the difference between the contract price and the reasonable cost of said buildings is not the proper measure of damages. Real Estate Co. v. McDonald, 140 Mo. 605, 41 S. W. 913. (2) The rules for the assessment of damages being based on the principle of compensation, are…
1Opinion of the CourtNortoni, J.
(after stating the facts). — It is argued by appellant and we are cited to Lloyd on Building (2 Ed.), sec. 68, where the learned author says: “Where a breach consists in a failure to erect a building as agreed, the measure is the additional value which would have accrued to the land.” We have taken pains to examine closely all of the cases cited by the author in support of the text above stated and find that many of those cases were controversies between a landowner and a railroad company arising by virtue of an obligation on the part of a railroad to maintain a depot on or at the plaintiff’s…
2Cases cited34 opinions
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
- Kelly v. ThueySupreme Court of Missouri · 1898
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Kidd v. . McCormickNew York Court of Appeals · 1881
- Louisville, New Albany & Chicago Railway Co. v. SumnerIndiana Supreme Court · 1886
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3Cited by17 opinions
- Edmonds v. StrattonMissouri Court of Appeals · 1970
- Hotchner v. LiebowitsMissouri Court of Appeals · 1960
- Sheppard v. EastMissouri Court of Appeals · 2006
- Dunning v. Alfred H. Mayer CompanyMissouri Court of Appeals · 1972
- City of Charles City v. RasmussenSupreme Court of Iowa · 1929
12 more not listed; retrieve them via the Exa API.