Iola Portland Cement Co. v. Ullmann
Missouri Court of Appeals
Appeal from Greene Circuit Court — Hon. Alfred Page, Judge. (1) The provision contained in the contract that the cement contracted for was to be used in the erection of the courthouse at Springfield, Missouri, was known by the parties to said contract at the time of the execution thereof to be impossible for performance and was void.
Read the full summary
Appeal from Greene Circuit Court — Hon. Alfred Page, Judge. (1) The provision contained in the contract that the cement contracted for was to be used in the erection of the courthouse at Springfield, Missouri, was known by the parties to said contract at the time of the execution thereof to be impossible for performance and was void. Beech on Contracts, sec. 22, p. 276; Lawson on Contract, secs. 101, 419; Bishop on Contracts, sec. 579; Nordyke v. Kehlor, 155 Mo. 643; Buchanan v. Layne, 95 Mo. App. 148. (2) Where the seller, as in this case, by Ms own act puts it out of Ms power or flatly…
1Opinion of the Court
OPINION.
NIXON, P. J.
I. The contract dated July 12th, but in fact executed and delivered August 11th, is complete and unambiguous on its face. It was executed subsequent to the memoranda and orders on which appellants rely as constituting the contract. Therefore, it superseded and merged into itself all the prior negotiations and became the sole and final authoritative expression of the intention of the parties. The defendants could not recover on their counterclaim, based on a breach of the prior negotiations; they are not entitled to damages for a breach of the *251prior contract after it has…
2Cases cited17 opinions
- Lanitz v. KingSupreme Court of Missouri · 1887
- Cole v. ArmourSupreme Court of Missouri · 1900
- Clements v. YeatesSupreme Court of Missouri · 1879
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Smith v. ShellSupreme Court of Missouri · 1884
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Samvel Topchian v. JPMorgan Chase Bank, N.A.Court of Appeals for the Eighth Circuit · 2014
- Rosen v. Alside, Inc.Supreme Court of Missouri · 1952
- Dugan v. TroutMissouri Court of Appeals · 1954
- Minter v. Tootle, Campbell Dry Goods Co.Missouri Court of Appeals · 1915
- Gillis v. New Horizon Development Co.Missouri Court of Appeals · 1983
1 more not listed; retrieve them via the Exa API.