Halpin v. Manny
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. — Hon. Budoleh Hiezel, Judge. The plaintiff is entitled to recover on the contract in this case, because it appears that he was ready to per-r form the contract, and that the defendant forbade the performance of the work; and such a refusal to permit the work to proceed is equivalent to the performance of the contract.
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Appeal from the St. Louis County Circuit Court. — Hon. Budoleh Hiezel, Judge. The plaintiff is entitled to recover on the contract in this case, because it appears that he was ready to per-r form the contract, and that the defendant forbade the performance of the work; and such a refusal to permit the work to proceed is equivalent to the performance of the contract. Pond v. Wyman, 15 Mo. 116; Stein-berg v. Gebhardt, 41 Mo. 519; Beams v. Horbert, 25 Mo. 352; Stumpf v. Mueller, 17 Mo. App. 290; Little v. Mercer, 9 Mo. App. 218; Benjamin on Sales [4 Ed.], 566; Fitzgerald v. Hayward, 50 Mo. 524;…
1Opinion of the CourtRombauer, P. J.
— This is the third trial of this cause, each trial resulting in a verdict for plaintiff for the full amount claimed. This appeal is the second appeal taken by the defendant, our opinion on his" former appeal being reported in 33 Mo. App. 388. The case has been pending for a period of eight years and more, and has been tried by two different trial judges and before juries taken from different localities. The statement of these facts will suffice to show that, unless serious errors have intervened in the last trial of the cause, very materially affecting the rights' of the appealing party, it…
2Cases cited3 opinions
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Bean v. MillerSupreme Court of Missouri · 1879
- Halpin v. MannyMissouri Court of Appeals · 1889
3Cited by10 opinions
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Moore v. Board of Regents for the Normal School in Distinct Number TwoSupreme Court of Missouri · 1909
- William E. Peck & Co. v. Kansas City Metal Roofing & Corrugating Co.Missouri Court of Appeals · 1902
- Stuckes v. National Candy Co.Missouri Court of Appeals · 1911
- Bassford v. WestMissouri Court of Appeals · 1907
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