Legal Opinion

Cochran v. People's Railway Co.

Supreme Court of Missouri

Decided December 31, 1892PublishedCited by 22 opinions

Appeal from St. Louis City Circuit Cowt. — Hon. Daniel Dillon, Judge., (1) The court erred in holding that the stipulation on the subject of damages for delay, contained in the written contract between the parties, should not be enforced. Worrell v. McClinagham, 5 Strob. 115; Ward v. Building Co., 125 N. Y. 230; Railroad v. Rust, 19 Fed. Rep. 239; Fall v. Crowley, 15 Allen, 304; Wolf v. Railroad, 64 Iowa, 380; Fletcher v. Dyche,2 T. R. 32; Crux v. Aldred, 14 Week.

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Appeal from St. Louis City Circuit Cowt. — Hon. Daniel Dillon, Judge., (1) The court erred in holding that the stipulation on the subject of damages for delay, contained in the written contract between the parties, should not be enforced. Worrell v. McClinagham, 5 Strob. 115; Ward v. Building Co., 125 N. Y. 230; Railroad v. Rust, 19 Fed. Rep. 239; Fall v. Crowley, 15 Allen, 304; Wolf v. Railroad, 64 Iowa, 380; Fletcher v. Dyche,2 T. R. 32; Crux v. Aldred, 14 Week. Reports, 956; 1-Sedgwick- on Damages [8 Ed.] sec. 419; Fruinv. Railroad, 89 Mo. 397; Morse v. Raihbu/rn, 42 Mo. 594. (2) The court…

1Opinion of the CourtGrANTT, P. J.

This is a suit at law for a balance on a building contract. Plaintiff claimed $3,285 due him on a contract price of $17,785, for building defendant an office building for its cable railway in the city of St. Louis.

The defendant in its answer claimed certain deductions for omissions made by the architect, also damages by way of counter-claim for defective material and unskillful workmanship, and a counter-claim for a delay of sixty-five days in the completion of the building at the rate of $50 per day as ‘‘liquidated damages.”

The contract contained this stipulation:

‘‘And the party of the first…

2Cases cited4 opinions

  1. Clifford v. RichardsonSupreme Court of Vermont · 1846
  2. Morse v. RathburnSupreme Court of Missouri · 1868
  3. Snell v. CottinghamIllinois Supreme Court · 1874
  4. Potter v. McPhersonSupreme Court of Missouri · 1875

3Cited by22 opinions

  1. Simpson v. WellsSupreme Court of Missouri · 1922
  2. Thompson v. St. Charles CountySupreme Court of Missouri · 1910
  3. Mount Vernon Car Manufacturing Co. v. Hirsch Rolling Mill Co.Supreme Court of Missouri · 1920
  4. Buchanan v. Louisiana Purchase Exposition Co.Supreme Court of Missouri · 1912
  5. Ross v. LoescherMichigan Supreme Court · 1908

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