Grant Quarry Co. v. Lyons Construction Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Hobatio D. Wood, Judge. When there is a contract which is severable in its nature, and the plaintiff, having partially fulfilled the contract, is guilty of a breach of it, he may recover for the work or labor done,, or materials furnished, his proportionate share of the contract price less such damages as the defendant may have sustained through his breach of the contract.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Hobatio D. Wood, Judge. When there is a contract which is severable in its nature, and the plaintiff, having partially fulfilled the contract, is guilty of a breach of it, he may recover for the work or labor done,, or materials furnished, his proportionate share of the contract price less such damages as the defendant may have sustained through his breach of the contract. And where the contract is for the furnishing of an ordinary article of merchandise, the measure of defendant’s damages will.be the difference between the contract price…
1Opinion of the CourtBland, P. J.
The suit is founded upon a promissory note and originated before a justice of the peace. Appellant filed an answer before the justice, in which it denied each and every allegation contained in plaintiff’s petition, and alleged that the note sued on was given without consideration, and not for value received. The answer further set up a counterclaim and alleged that it had been damaged in the sum of $500, by reason of the failure and refusal of respondent to deliver eight hundred squares of crushed macadam to the defendant, as it had contracted and agreed to do. A trial was had before the…
2Cases cited6 opinions
- Coombs Commission Co. v. BlockSupreme Court of Missouri · 1895
- St. Ferdinand Loretto Academy v. BobbSupreme Court of Missouri · 1873
- Hazell v. Bank of TiptonSupreme Court of Missouri · 1888
- Smith v. Keith & Perry Coal Co.Court of Appeals of Kansas · 1889
- Henry Gaus & Sons Manufacturing Co. v. Magee, Lattimore & La Berge Manufacturing Co.Missouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Absher v. FranklinMissouri Court of Appeals · 1906