Connelly v. Priest
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Pembrook E. Flitoraft, Judge. The stipulation in the contract to pay $10 per day for every day’s delay in finishing the building, after February 15, 1893, “as and for stipulated damages,” is a reasonable and valid agreement, and plaintiff is bound thereby. Morse v. Bathbun,, 42 Mo. 594 ; Cochran v. B’y, 113 Id. 363; B’y v. Bust, 19 Fed.
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Appeal from the St. Louis City Circuit Court. — Hon. Pembrook E. Flitoraft, Judge. The stipulation in the contract to pay $10 per day for every day’s delay in finishing the building, after February 15, 1893, “as and for stipulated damages,” is a reasonable and valid agreement, and plaintiff is bound thereby. Morse v. Bathbun,, 42 Mo. 594 ; Cochran v. B’y, 113 Id. 363; B’y v. Bust, 19 Fed. Rep. 239; Wolf v. B’y, 64 Iowa, 380-386; Hamaker v. Schroers, 49 Mo. 407; Tinkham v. Satori, 44 Mo. App. 659; Dwmell v. Brown, 54'Me. 468; Linde v. Thompson, 2 Allen, 456; Jones v. Binford, 74 Me. 439;…
1Opinion of the CourtBiggs, J.
This is an action to recover the reasonable value of work and materials furnished by the plaintiff in repairing a 'business house which is owned ahd controlled by the defendant as trustee. The answer is a general denial. It also sets up a counterclaim. The case was referred to George E. Smith, Esq., who took the testimony and reported the same, together with his conclusions to the circuit court. He recommended a judgment for plaintiff for $1,340, and a judgment cn the counterclaim for $1. The report was confirmed and judgment entered accordingly. The defendant has appealed. We are indebted to…
2Cases cited2 opinions
- Consolidated Coal Co. v. Mexico Fire Brick Co.Missouri Court of Appeals · 1890
- Edelen v. WorthMissouri Court of Appeals · 1897
3Cited by4 opinions
- Iroquois Furnace Co. v. Wilkin Manufacturing Co.Illinois Supreme Court · 1899
- Dugan v. TroutMissouri Court of Appeals · 1954
- Wolfskill v. American Union Life InsuranceMissouri Court of Appeals · 1943
- Radloff v. HaaseAppellate Court of Illinois · 1901