Harrison Bros. v. Murray Iron Works Co.
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. Gallatin Craig, Judge. STATEMENT BY BROADDUS, ff. The plaintiffs were at and prior to the sixteenth day of March, 1901, engaged as partners in the business of putting up and retailing natural ice in the town of Maryville, Missouri, and the defendant company located at Burlington, Iowa, was engaged in the business of constructing and putting in operation machinery for the manufacture of artificial ice.
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Appeal from the Nodaway Circuit Court. — Hon. Gallatin Craig, Judge. STATEMENT BY BROADDUS, ff. The plaintiffs were at and prior to the sixteenth day of March, 1901, engaged as partners in the business of putting up and retailing natural ice in the town of Maryville, Missouri, and the defendant company located at Burlington, Iowa, was engaged in the business of constructing and putting in operation machinery for the manufacture of artificial ice. On said day, defendant agreed with plaintiffs to construct and put in operation an ice plant in said town of Maryville, to be completed and in…
1Opinion of the CourtBroaddus, J.
Under the stipulation of the parties, the first question for us to determine is, was the defendant’s liability limited in the event of a failure to fully perform its contract to a return of the amount of money received from the plaintiffs! If so, the plaintiffs were not entitled to recover. The clause in the contract in reference to this'matter is as follows': “After the plant is erected, we (defendant) to furnish an engineer to have charge of the operation of the *357machine for ten days, during the .time, he will do the work herein specified. At the end of the above mentioned ten days, you…
2Cases cited5 opinions
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Richardson v. Chicago & Alton RailroadSupreme Court of Missouri · 1899
- Swaggard v. HancockMissouri Court of Appeals · 1887
- Nowlin v. PyneSupreme Court of Iowa · 1874
- Williston v. MathewsSupreme Court of Minnesota · 1893
3Cited by5 opinions
- Wade v. Mutual Benefit Health & Accident Ass'nWest Virginia Supreme Court · 1934
- Berry v. Pullman Co.Court of Appeals for the Fifth Circuit · 1918
- Stephens v. CurtnerMissouri Court of Appeals · 1920
- Hanson v. CrawfordMissouri Court of Appeals · 1908
- Siewing v. TackeMissouri Court of Appeals · 1905