Eldridge v. Fuhr
Missouri Court of Appeals
Appeal from the Greene Circuit Court.—Hon. J. T. Neville, Judge. (1) When a party sues upon a contract, he must show that the contract was followed, its terms were kept, and tliat he was not at fault. The plaintiff committed a breach of this contract by failing to deliver the building ground at the proper date, with lines and levels, as well as in many other respects shown by the evidence; hence he can hot recover in this action by declaring upon the contract.
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Appeal from the Greene Circuit Court.—Hon. J. T. Neville, Judge. (1) When a party sues upon a contract, he must show that the contract was followed, its terms were kept, and tliat he was not at fault. The plaintiff committed a breach of this contract by failing to deliver the building ground at the proper date, with lines and levels, as well as in many other respects shown by the evidence; hence he can hot recover in this action by declaring upon the contract. Lanits v. King, 93 Mo. 513; Henning v. Ins. Co., 47 Mo. 425; Nichols v. Larkin, 79 Mo. 265; Harrison v. Railroad, 50 Mo. App. 332;…
1Opinion of the CourtBiggs, J.
This is an action on a contractor’s bond. The defendant Euhr entered entered into a written contract with the plaintiff, in which he agreed to furnish the materials and do the work (except excavation for foundation walls and cellar) in the construction of a brick building. The contract price was $4,000, to be paid in installments as the work progressed, except the last payment of $500 which was not to be paid until the completion of the building, according to contract. To secure the plaintiff in the faithful performance of this contract the defendant Euhr as principal, .and his codefendants…
2Cases cited5 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Beers v. WolfSupreme Court of Missouri · 1893
- Bruns v. BraunMissouri Court of Appeals · 1889
- Dinsmore v. Livingston CountySupreme Court of Missouri · 1875
- Killoren v. MeehanMissouri Court of Appeals · 1893
3Cited by16 opinions
- Ward v. HarenMissouri Court of Appeals · 1909
- Fullerton Lumber Co. v. GatesMissouri Court of Appeals · 1901
- Reissaus v. WhitesMissouri Court of Appeals · 1907
- United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
- Lazelle v. Empire State Surety Co.Washington Supreme Court · 1910
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