Cousins v. Bowling
Missouri Court of Appeals
Appeal from. Howell Circuit Court. — Ho». Wm. N. Evans, Judge. (1) A day in law embraces twenty-four hours, and each party had that time in which to perform, or offer to perform, his contract. 1 Parsons on Contracts (5 Ed.), sec. 532; Beach, Mod. Law of Contracts-, sec. 306; Lariman v. Hornbaker, 21 Ind. 430; Tiernan v. Napier, 5 Yerg\ 410; Aldrich v. Albee, 1 Grenl. 120; Savary v. Goe, 3 Wash.
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Appeal from. Howell Circuit Court. — Ho». Wm. N. Evans, Judge. (1) A day in law embraces twenty-four hours, and each party had that time in which to perform, or offer to perform, his contract. 1 Parsons on Contracts (5 Ed.), sec. 532; Beach, Mod. Law of Contracts-, sec. 306; Lariman v. Hornbaker, 21 Ind. 430; Tiernan v. Napier, 5 Yerg\ 410; Aldrich v. Albee, 1 Grenl. 120; Savary v. Goe, 3 Wash. C. C. 140; Startup v. McDonald, 6 Man. and G. 593. (2) If respondent had done an act equivalent to a breach of the contract, the appellants were not required to go further in an effort to- perform.…
1Opinion of the CourtBland, P. J.
The suit originated in a justice’s court in Oregon county. It was appealed to the Oregon Circuit Court, from which it was taken by change of venue to the Howell Circuit Court, where a trial was had resulting in a judgment for defendant, from which the plaintiffs appealed.
The substantive averments of the petition are, that in the month of October, 1901, plaintiffs entered into a contract with defendant for the purchase and delivery of one hundred and sixty-six head of hogs, to be delivered at Koshkonong, Missouri, on October 26, 1901, at a price agreed upon; that they paid defendant $25…
2Cases cited6 opinions
- Gabriel v. Akinsville Pressed Brick Co.Missouri Court of Appeals · 1894
- Smith v. Keith & Perry Coal Co.Court of Appeals of Kansas · 1889
- Knoop v. KelseySupreme Court of Missouri · 1890
- Cole County v. MaddenSupreme Court of Missouri · 1887
- Mumford v. KeetMissouri Court of Appeals · 1896
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3Cited by4 opinions
- Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
- Grier v. StrotherMissouri Court of Appeals · 1910
- Wethmeier v. YontzMissouri Court of Appeals · 1921
- Edwards v. Atlantic Coast Line R.Supreme Court of South Carolina · 1928