Missouri Edison Electric Co. v. M. J. Steinberg Hat & Fur Co.
Missouri Court of Appeals
.Appeal from St. Louis City Circuit Court. — Hon. Selden P. Speticer, Judge. (1) “It is a clearly recognized principle tbat, if there is only a partial failure or performance by one party to the contract for which there may be compensation in damages, the contract- is not put an end to.” Gatling y. Wilcox, 26 Ark. 314, and authorities there cited.
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.Appeal from St. Louis City Circuit Court. — Hon. Selden P. Speticer, Judge. (1) “It is a clearly recognized principle tbat, if there is only a partial failure or performance by one party to the contract for which there may be compensation in damages, the contract- is not put an end to.” Gatling y. Wilcox, 26 Ark. 314, and authorities there cited. “A party can not rescind if the failure of the other party be but partial, leaving a distinct part as a subsisting and executed consideration, and leaving also to the other party his action of damages for the part not performed. Generally no…
1Opinion of the CourtGoode, J.
Plaintiff and defendant made a contract the first day of November, 1898, by which the former was to furnish an electric current to light the lamps in the latter’s storerooms, and we have to construe the following clauses of that contract:
“Eirst. The party of the second part shall furnish to the party of the first part, when called upon, the necessary current to illuminate the equivalent of approximately fifty 16 c-p incandescent electric lights and three arc lights, or more as desired, upon due notice in writing, on the premises hereinbefore specified, and the party of the second part shall…
2Cited by8 opinions
- Mobil Oil Corporation v. Tennessee Valley AuthorityDistrict Court, N.D. Alabama · 1974
- United Shoe Machinery Co. v. AbbottCourt of Appeals for the Eighth Circuit · 1908
- International Text-Book Co. v. AndersonMissouri Court of Appeals · 1913
- Eaton v. SimcovitzMassachusetts Supreme Judicial Court · 1921
- Laclede Power Co. v. StillwellMissouri Court of Appeals · 1902
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