Suddoth v. Bryan
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. If the failure of one party to perform his contract be but partial, leaving a distinct part as a subsisting and executed consideration, and leaving- the other party his action for damages for the part not performed, the contract cannot be rescinded and treated as no longer affecting the rights of the parties..
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Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. If the failure of one party to perform his contract be but partial, leaving a distinct part as a subsisting and executed consideration, and leaving- the other party his action for damages for the part not performed, the contract cannot be rescinded and treated as no longer affecting the rights of the parties.. FranTding v. Miller, 4 A. & E. 599. Where a contract is to be rescinded at all, it must be rescinded in loto and the parties put in static quo, and where there has been a partial execution of the contract it cannot be…
1Opinion of the CourtThompson, J.
This action is brought to recover the sum of eight hundred dollars, had and received by the defendant to *40plaintiff’s use. The answer, after a general denial, sets up a special contract between. the plaintiff and the defendant, whereby the defendant agreed to publish a certain book for the plaintiff, to stereotype and to illustrate the same in a certain style, to print one thousand copies of the same, which one thousand were to be completed during the month of October, 1882; to publish the book through his agents, and to divide the net profits with the plaintiff. The book, embracing the…
2Cases cited5 opinions
- Mansur v. BottsSupreme Court of Missouri · 1883
- Plummer v. TrostSupreme Court of Missouri · 1884
- Fox v. Pullman Palace Car Co.Missouri Court of Appeals · 1884
- Crump v. RebstockMissouri Court of Appeals · 1885
- Suits v. TaylorMissouri Court of Appeals · 1886
3Cited by3 opinions
- Barnett v. SweringenMissouri Court of Appeals · 1898
- Weber v. SquierMissouri Court of Appeals · 1892
- Suddoth v. BryanMissouri Court of Appeals · 1890