Berthold v. St. Louis Electric Construction Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit- Court. — Hon. H. D. Wood, Judge» (1) The first count of the petition is clearly an action upon the contract, and performance must be shown before a recovery thereon can be had. The first declaration allows a recovery, without requiring a finding of performance on the part of the plaintiffs or any legal excuse for their non-performance. This is clearly erroneous.
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Appeal from St. Louis City Circuit- Court. — Hon. H. D. Wood, Judge» (1) The first count of the petition is clearly an action upon the contract, and performance must be shown before a recovery thereon can be had. The first declaration allows a recovery, without requiring a finding of performance on the part of the plaintiffs or any legal excuse for their non-performance. This is clearly erroneous. Eyerman v. Mount Sinai Cemetery, 61 Mo. 489 ; Helm v. Wilson, 4 Mo. 41; Lee v. Ashbrook, 14 Mo. 378; Downey v. Burke, 23 Mo. 228; Lowe-v. Sinclair, 27 Mo. 309; Marsh v. Richards, 29 Mo. 99; Creamer…
1Opinion of the CourtGantt, J.
In June, 1897, the St. Louis Electric Construction Company was desirous of purchasing a quantity of poles suitable for stringing telephone wires, and accordingly advertised for proposals to furnish them, inviting bids according to the specifications prepared by it.
The firm of Berthold & Jennings, the plaintiffs, were the successful bidders, and on June 21, 1897, said electric company and Berthold & Jennings entered into a written contract to which the specifications upon which the bids were made, were annexed and made part of the contract.
As the stipulations of the contract are constantly…
2Cases cited14 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Hosmer v. WilsonMichigan Supreme Court · 1859
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3Cited by12 opinions
- Worrell v. Kinnear Manufacturing Co.Supreme Court of Virginia · 1905
- Diehr v. Thompson Chemicals Corp.Missouri Court of Appeals · 1955
- Laswell v. National Handle Co.Missouri Court of Appeals · 1910
- Chas. E. & W. E. Peck, Ltd. v. Southwestern Lumber & Exporting Co.Supreme Court of Louisiana · 1912
- Brown v. Trinidad Asphalt Manufacturing Co.Supreme Court of Missouri · 1908
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