St. Louis Gas-Light Co. v. City of St. Louis
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. If the suit is founded on a cause of action connected in any way with a contract, a counter-claim arising out of any other contract between the same parties, though sounding in damages, may be set up. — Transportation Co. v. Boggiano, 52 Mo. 294; McAdow v. Ross, 53 Mo. 199; Life Assn. v. Cravens, 60 Mo. 388. The plaintiff is liable in damages for a breach of the contract embodied in the charter.
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Appeal from the St. Louis Circuit Court, Thayer, J. If the suit is founded on a cause of action connected in any way with a contract, a counter-claim arising out of any other contract between the same parties, though sounding in damages, may be set up. — Transportation Co. v. Boggiano, 52 Mo. 294; McAdow v. Ross, 53 Mo. 199; Life Assn. v. Cravens, 60 Mo. 388. The plaintiff is liable in damages for a breach of the contract embodied in the charter. The fact that the state created the contract does not exempt the GasLight Company from liability to the city for a breach of it. There is no…
1Opinion of the CourtThompson, J.
This action is brought to recover the sum of $545,670.48, with interest thereon from the first day of March, 1873, which the plaintiff claims to be the amount due for lighting the city of St. Louis with illuminating gas, from November, 1866, to March, 1873. The petition states in substance that the contract under which this service was rendered by the plaintiff to the defendant was entered into between the plaintiff and the defendant on the ninth day of January, 1846 ; that under this contract, the terms of which it is not necessary to set out, á large indebtedness accrued from the defendant…
2Cases cited12 opinions
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Henoch v. ChaneySupreme Court of Missouri · 1875
- Pickel v. St. Louis Chamber of Commerce Ass'nMissouri Court of Appeals · 1881
- Coudrey v. GilliamSupreme Court of Missouri · 1875
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3Cited by16 opinions
- Bradley v. ReppellSupreme Court of Missouri · 1896
- State Ex Rel. Northwestern Mutual Life Insurance v. BlandSupreme Court of Missouri · 1945
- Miller v. Coal Co.West Virginia Supreme Court · 1888
- Sloan v. ParisMissouri Court of Appeals · 1976
- State Ex Rel. Kansas City Exchange Co. v. HarrisMissouri Court of Appeals · 1935
11 more not listed; retrieve them via the Exa API.