Caldwell v. Dickson
Supreme Court of Missouri
Error to Marion Circuit Court. The contract-of hiring being entire and indivisible, the performance of the entire term of service is a condition precedent to the recovery of the consideration or any part of.it. 7 Mo. Rep. 96. 2 Mass. Rep. 147. 13 J. Li. 390. -19 ib. 337. 3 J. J. Marsh. 689. Cutter v. Powell, 6 T. R.
1Opinion of the CourtSoott, Judge
This was an action on a note for the hire of a female slave for a stated period, payable at the end of the service. Before the expiration of the time for which the slave was hired, the owner unlawfully took her from the possession of the person to whom she was hired. The court below gave judgment against the defendant for a part of the hire, proportioned to the time the slave remained with him.
1. We do not see on what principle in law the action of the plaintiff can be sustained. The law does not permit a man, by his own wrongful act, to apportion his contract. As between lessor and lessee,…
2Cited by5 opinions
- Earp v. TylerSupreme Court of Missouri · 1881
- Paul v. Minneapolis Threshing Machine Co.Missouri Court of Appeals · 1901
- Banse v. TateMissouri Court of Appeals · 1895
- Lindner v. Cape Brewery & Ice Co.Missouri Court of Appeals · 1908
- Caldwell v. DicksonSupreme Court of Missouri · 1857