Chouteau v. Jupiter Iron Works
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — I-Ion. A. M. Thayer, Judge. (1) Where a case has been decided by the appellate court, and is again taken up by appeal or writ of error, only such questions will be noticed as were not determined in the previous decision. Whatever was passed upon in the former opinion will be deemed res adjudicata, and no longer open to dispute.
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Appeal from St. Louis City Circuit Court. — I-Ion. A. M. Thayer, Judge. (1) Where a case has been decided by the appellate court, and is again taken up by appeal or writ of error, only such questions will be noticed as were not determined in the previous decision. Whatever was passed upon in the former opinion will be deemed res adjudicata, and no longer open to dispute. Chambers v. Smith, 30 Mo. 156; Overall v. Ellis, 38 Mo. 209; Bank v. Taylor, 62 Mo. 338; Hamilton v. Marks, 63 Mo. 167; Gaines v. Fender, 82 Mo. 497. (2) It is the duty of the court to construe a written contract; and that is…
1Opinion of the CourtBlack, J.
This is a suit to recover damages for the alleged refusal of the defendant to permit the plaintiff to execute a contract which he had with defendant. The defendant is a corporation under the laws of this state. By the terms of the contract, plaintiff was to take charge of and Operate the furnace to the best of his ability, furnish the labor, unload the coal, coke, ore, and limestone required by the furnace, and to take the iron from the casthouse. Defendant agreed to furnish such ores as were best adapted for making Bessemer metal, “Big *394Muddy Coal,” and “Connellsville Coke,” the materials…
2Cases cited10 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- State v. PattersonSupreme Court of Vermont · 1873
- State v. AlexanderSupreme Court of Missouri · 1877
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- Dowzelot v. RawlingsSupreme Court of Missouri · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Structural Polymer Group, Ltd. v. Zoltek Corp.Court of Appeals for the Eighth Circuit · 2008
- Landau v. St. Louis Public Service CompanySupreme Court of Missouri · 1954
- Sullivan v. Union Electric Light & Power Co.Supreme Court of Missouri · 1932
- McPherson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
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