Goldman v. Wolff
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. It is only where there are proper data for calculation that damages can be recovered in an action on a contract. — Nightingale v. Gas-well, 18 Cal. 315 ; Forrest v. Caldwell, 5 La. An. 220 ; Masterton v. Mayor, etc., 7 Hill, 61; Griffin v. Colver, 16 N. Y. 489. There was no mutuality in the contract here sued on..
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Appeal from St. Louis Circuit Court. It is only where there are proper data for calculation that damages can be recovered in an action on a contract. — Nightingale v. Gas-well, 18 Cal. 315 ; Forrest v. Caldwell, 5 La. An. 220 ; Masterton v. Mayor, etc., 7 Hill, 61; Griffin v. Colver, 16 N. Y. 489. There was no mutuality in the contract here sued on.. The defendants were not bound to furnish any employment to the plaintiff, and the petition does not contain the assignment of a breach. The fact alleged, that the defendants discharged plaintiff, does not constitute a breach of the contract. —…
1Opinion of the CourtHayden, J.
This is an action to recover damages for breach of a written contract between the plaintiff, as party of the second part, and the defendants, of the first part, the material por*493tion of which is as follows : “ The said party of the second part agrees to manufacture at the distillery of Bevis & Company, corner of Barton and De Kalb Streets, St. Louis, Mo., for the parties of the first part, what is known as Hungarian yeast (compressed); the parties of the first part agreeing to pay the party of the second part for his service twenty per cent (20 per cent) of gross cash receipts from the sale of…
2Cases cited3 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Hammer v. BreidenbachSupreme Court of Missouri · 1860
3Cited by6 opinions
- Little Rock & Fort Smith Ry. Co. v. CavenesseSupreme Court of Arkansas · 1886
- McGinnis v. StudebakerOregon Supreme Court · 1915
- Belch v. MillerMissouri Court of Appeals · 1888
- D. M. Osborne & Co. v. HenryMissouri Court of Appeals · 1897
- Shoemaker v. CrawfordMissouri Court of Appeals · 1900
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