Steffen v. Mississippi River & Bonne Terre Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit. Court. — Hon. Jacob Klein, Judge. .(1) Where one of the parties to a continuing contract notifies the other that he will not abide by its terms, such other party may treat the entire contract as at an end and sue for the breach; and he is not bound to offer to perforin on his part. Pond v. Wyman, 15 Mo. 183; Black Eiver Lumb.
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Appeal from St. Louis City Circuit. Court. — Hon. Jacob Klein, Judge. .(1) Where one of the parties to a continuing contract notifies the other that he will not abide by its terms, such other party may treat the entire contract as at an end and sue for the breach; and he is not bound to offer to perforin on his part. Pond v. Wyman, 15 Mo. 183; Black Eiver Lumb. Co. v. Warner, 93 Mo. 389; Hinckley v. Pittsburg Steel Co., 121 H. S. 272; Anvil Mining Co. v. Humble, 153 U. S. 551; Claes & Lehnbeuter Mfg. Oo. v. McCord, 65 Mo. App. 509. (2) And where the defendant carrier occasions a breach of…
1Opinion of the Court
VALLIANT, L
This is a suit for damages for the breach of an alleged contract relating to freight rates.
The amended petition, in brief summary, omitting details, is to the effect that in April, 1896, defendant knew that plaintiff was about to enter into a contract with a concern that owned a quarry in southeast Missouri to ship from its quarry to St. Louis and East St. Louis 500 car loads of crushed granite in 1896 and a like quantity in 1891, and as much more as plaintiff could handle, and thereupon defendant for a valuable consideration agreed with plaintiff to carry the granite for 80 cents…
2Cases cited15 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Missouri, Kansas & Texas Railway Co. v. BelcherTexas Supreme Court · 1896
- Campbell v. A. Lambert & Co.Supreme Court of Louisiana · 1884
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
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3Cited by3 opinions
- Spruce Co. v. MaysSupreme Court of Missouri · 1933
- Dunne & Grace v. St. Louis & Southwestern Railway Co.Missouri Court of Appeals · 1912
- Wandell v. RossMissouri Court of Appeals · 1952