Union Service Co. v. Moffet-West Drug Co.
Missouri Court of Appeals
Appeal from, tbe St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. • (1) (a) The contract in this case was an agreement for a period of two years with the right reserved to the defendant to terminate the same at any time upon reasonable notice to appellant that the price and service were not satisfactory, (b) There was no termination of the contract, (c) The defendant at the time of the sale of its business to the Merrill Drug Company, and subsequently thereto,…
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Appeal from, tbe St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. • (1) (a) The contract in this case was an agreement for a period of two years with the right reserved to the defendant to terminate the same at any time upon reasonable notice to appellant that the price and service were not satisfactory, (b) There was no termination of the contract, (c) The defendant at the time of the sale of its business to the Merrill Drug Company, and subsequently thereto, expressly recognized the contract as a binding and existing obligation upon itself for the full period of two years. (2)…
1Opinion of the CourtGoode, J.
Both parties are incorporated companies, the plaintiff having succeeded to all the interests, contracts and rights of its predecessor, the St. Louis Service & Horse Company. The action is to recover damages for the refusal of defendant to comply with a contract alleged in the petition to be “embodied in certain letters, dated as follows: One September 15, 1905; two September 29, 1905, and one September 30, 1905.” It is alleged that by the contract plaintiff agreed to furnish and defendant to use and pay for four storm buggies with horses and harness, to be delivered every day for a period of…
2Cases cited5 opinions
- Strange v. CrowleySupreme Court of Missouri · 1886
- Robinson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Cangas v. L. M. Rumsey Manufacturing Co.Missouri Court of Appeals · 1889
- Batavia v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1907
- Eagle Mill Co. v. CavenMissouri Court of Appeals · 1898
3Cited by7 opinions
- Universal Products Co. v. EmersonSupreme Court of Delaware · 1935
- The Belt Seed Co. v. Mitchelhill Seed Co.Missouri Court of Appeals · 1941
- Hay v. Bankers Life Co.Missouri Court of Appeals · 1921
- Ragsdale v. Tom-Boy, Inc.Missouri Court of Appeals · 1958
- Wilbur Stock Food Co. v. BridgesMissouri Court of Appeals · 1911
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