Turner v. Mellier
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The covenants of the seventh clause are independent both of the covenants of the fourth and fifth; and the breach of the seventh could be compensated, for in damages, and in no way embarrassed plaintiff in fulfilling the conditions of the fourth or fifth clauses.
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Appeal from St. Louis Circuit Court. The covenants of the seventh clause are independent both of the covenants of the fourth and fifth; and the breach of the seventh could be compensated, for in damages, and in no way embarrassed plaintiff in fulfilling the conditions of the fourth or fifth clauses. (Mill-dam Foundry' vs. Hovey, 21 Pick., 417; Payne vs. Bettisworth, 2 A. K. Marsh., 427; Morrison vs. Galloway, 2 Harris & J., 461; Todd vs. Summers, 2 Gratt., 167; Bennett vs. Pixley, 7 Johns.,-249 ; Keenan vs. Brown, 21 Yt., 86 ; Butler vs. Manny, 52 Mo., 506 ; Fothergill vs. Walton, 2 Moore,…
1Opinion of the CourtVories, Judge
This action was founded upon a written agreement executed by plaintiff and defendant on the 15th day of March, 1871, which was to the following effect:
“First, the said Louis Turner, for certain considerations after named, doth hereby appoint and constitute A. A. Mellier his only wholesale and general agent for the sale of 1ns'pro-prietary medicines known as “Turner’s Specific Wonder and Turner’s Liver and Blood Pills.”
“Second, the party of the first part shall advertise the said A. A. Mellier as his only agent, in his circulars, on his traveling wagons and in all advertisements wherein said…
2Cases cited4 opinions
- Bennet v. Executors of PixleyNew York Supreme Court · 1810
- Evans v. AshleySupreme Court of Missouri · 1843
- Smith v. BusbySupreme Court of Missouri · 1852
- Lucas v. ClemensSupreme Court of Missouri · 1842
3Cited by16 opinions
- Crampton v. McLaughlin Realty Co.Washington Supreme Court · 1909
- Springfield Seed Co. v. WaltMissouri Court of Appeals · 1902
- Ottumwa Bridge Co. v. CorriganSupreme Court of Missouri · 1913
- St. Louis Steam-Heating & Ventilating Co. v. BissellMissouri Court of Appeals · 1890
- St. Louis Union Trust Co. v. Van RaalteMissouri Court of Appeals · 1924
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