Austin v. Keating
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by tbe court. Tke petition contains three counts. The first count is based on a contract, of date July 19, 1883, whereby the plaintiffs agreed to furnish and put in defendant’s dwelling house in Kansas City a furnace for heating it. The contract specified the quality and dimensions of the furnace, and its heating capacity.' The contract price, for which suit was brought, is nine hundred dollars.
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by tbe court. Tke petition contains three counts. The first count is based on a contract, of date July 19, 1883, whereby the plaintiffs agreed to furnish and put in defendant’s dwelling house in Kansas City a furnace for heating it. The contract specified the quality and dimensions of the furnace, and its heating capacity.' The contract price, for which suit was brought, is nine hundred dollars. The second count is based on a quantum meruit, for the value of the furnace, and work done. The third count is for other…
1Opinion of the CourtPhilips, P. J.
— I. The sole question here is, is the declaration of law above given correct? The general rule of law respecting such issues is stated as follows by Parsons on Contracts, volume 2, page 522-3, 7th Ed.: '“Where parties make a contract which is not apportionable, no part of the consideration can be recovered in an action on the contract, until the whole of that for which the consideration was to be paid is performed. But it must not be inferred from this that a party who has performed a part of his side of a contract, and has failed to perform the residue, is in all cases without remedy. For…
2Cases cited6 opinions
- Haysler v. OwenSupreme Court of Missouri · 1875
- Davis v. BrownSupreme Court of Missouri · 1878
- Marsh v. RichardsSupreme Court of Missouri · 1859
- Creamer v. BatesSupreme Court of Missouri · 1872
- Clayton v. PhippsSupreme Court of Missouri · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Freeman v. AylorMissouri Court of Appeals · 1895