May v. Crawford
Supreme Court of Missouri
Appeal from St- Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) Where a judgment is reversed and the cause is remanded, the rulings of the appellate court become the law for the retrial of the cause. State v. Newkirk, 49 Mo. 472; Gamble v. Gibson, 83 Mo. 290; Ooquard v. Prendergast, 47 Mo. App. 243; State ex rel. v. St. Louis Circuit Court, 41 Mo. 574; Hurck v. Erskine, 50 Mo. 110; Treadway v. Johnson, 39 Mo.
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Appeal from St- Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) Where a judgment is reversed and the cause is remanded, the rulings of the appellate court become the law for the retrial of the cause. State v. Newkirk, 49 Mo. 472; Gamble v. Gibson, 83 Mo. 290; Ooquard v. Prendergast, 47 Mo. App. 243; State ex rel. v. St. Louis Circuit Court, 41 Mo. 574; Hurck v. Erskine, 50 Mo. 110; Treadway v. Johnson, 39 Mo. App. 176. The Supreme Court in this case decided that the sum of five thousand dollars, under the facts shown in evidence, was liquidated damages, and the trial court…
1Opinion of the CourtMarshall, J.
Damages for breach of contract.
I
This case is here for the second time, upon appeal by the plaintiffs. The prior decision is reported in 142 Mo. 390. The evidence of the plaintiffs then and now is substantially the same. Then the defendants offered no testimony, insisting that as plaintiffs had proved no special damage the judgment of the circuit court, which awarded plaintiffs only nominal damages, should be affirmed, because the contract between the parties provided only for a penalty for its breach, while plaintiffs contended that the damages were liquidated by the contract and therefore…
2Cases cited13 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Whitsett v. RansomSupreme Court of Missouri · 1883
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3Cited by37 opinions
- Davis v. J.C. Nichols Co.Missouri Court of Appeals · 1988
- Gordon v. BurrisSupreme Court of Missouri · 1899
- Thompson v. St. Charles CountySupreme Court of Missouri · 1910
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- Bagnell Timber Co. v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1912
32 more not listed; retrieve them via the Exa API.