Fulkerson v. Eads
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Noah M. Hi van, Judge. The facts are sufficiently stated in the opinion. I. The failure of defendant to perform the express covenants in the contract of letting, “to plow the land in the month of August, and to sow the wheat by the twentieth of September,” rendered him liable for nominal damages, at least; and the court erred in modifying plaintiff’s first instruction, which precluded such recovery.
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Appeal from Johnson Circuit Court, Hon. Noah M. Hi van, Judge. The facts are sufficiently stated in the opinion. I. The failure of defendant to perform the express covenants in the contract of letting, “to plow the land in the month of August, and to sow the wheat by the twentieth of September,” rendered him liable for nominal damages, at least; and the court erred in modifying plaintiff’s first instruction, which precluded such recovery. Metzner v. Graham, 66 Mo. 582; 1 Sutherland on Damages, 9-16 ; Davis v. Smith, 15 Mo. 306. II. As to the re-letting of the tenant house by plaintiff, it was…
1Opinion of the CourtEllison, J.
Plaintiff leased to defendant a tract of land for farming purposes; a portion thereof was, by the terms of the lease, to be put in wheat, and it was therein stipulated that “ the remaining sixty acres to be put in wheat, the ground to be broke in the month of August, 1882, and the wheat sowed by the twentieth day of September, 1882.”
Defendant did not break the ground nor sow the wheat as he stipulated in his written contract, and plaintiff brings this action for damages, assigning the foregoing failure, among others, as the breach.
There was evidence in the cause tending to support plaintiff’s…
2Cases cited5 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Davis' Adm'r v. SmithSupreme Court of Missouri · 1852
- Beardslee v. PerrySupreme Court of Missouri · 1851
- Perkins v. ReedsSupreme Court of Missouri · 1843
- Perry & Van Houten v. BeardsleeSupreme Court of Missouri · 1847
3Cited by12 opinions
- Rose v. TrestrailMissouri Court of Appeals · 1895
- State ex rel. Alexander v. PlassMissouri Court of Appeals · 1894
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
- Miller v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
- Sauner v. Phœnix InsuranceMissouri Court of Appeals · 1890
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