Beatie v. Rocky Branch Coal Co.
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) When the parties contract on the basis of the continued existence of a given thing (or its nonexist•ence unknown to the parties), a condition is implied that if the performance is, or becomes, impossible from ~the.. perishing or nonexistence of the thing, that ■excuses performance. Walker v. Tucker, 70 111. 527, •543; 1 Chitty, Cont. [11 Am. Ed.], 1074; 10 Am. and Eng.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) When the parties contract on the basis of the continued existence of a given thing (or its nonexist•ence unknown to the parties), a condition is implied that if the performance is, or becomes, impossible from ~the.. perishing or nonexistence of the thing, that ■excuses performance. Walker v. Tucker, 70 111. 527, •543; 1 Chitty, Cont. [11 Am. Ed.], 1074; 10 Am. and Eng. Encyclopaedia of Law, 181, title, Impossible Cont., par. 2. When a mine becomes exhausted ■according to the usual course of mining, or it has no…
1Opinion of the CourtGill, J.
— This is an action for certain rents of. ■mining land alleged to be due plaintiff Beatie by the defendant coal company, under the terms of a contract entered into by the parties in May, 1888. Beatie, it * seems, owned an eighty acres of land in the vicinity of Higginsville, near to, if not adjoining, the line of the Chicago & Alton railroad, which defendant desired to mine. Defendant also had leases on other lands adjacent to that of Beatie, and which it desired to reach by railway switches or side tracks going from the ■Chicago & Alton road to such lands.
Thereupon Beatie and wife, as…
2Cases cited2 opinions
- Brinkerhoff v. ElliottMissouri Court of Appeals · 1891
- Clark v. Midland Blast-Furnace Co.Missouri Court of Appeals · 1886
3Cited by3 opinions
- Rose v. TrestrailMissouri Court of Appeals · 1895
- Rocky Mountain Fuel Co. v. Albion Realty & Securities Co.Court of Appeals for the Tenth Circuit · 1934
- Lennox v. Vandalia Coal Co.Missouri Court of Appeals · 1896