Mount Vernon Car Manufacturing Co. v. Hirsch Rolling Mill Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. Wilson A. Taylor, Judge. (1) The court erred when it ruled that the new eon-tract of June, 1917, as set forth in defendant’s answer (and as was proven by plaintiff itself, when it introduced the respective letters and telegrams of June 21, 22, 23 and 28, 1917, respectively), did not supersede and do away with the contract which is sued on in the petition.
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Appeal from St. Louis City Circuit Court.—Hon. Wilson A. Taylor, Judge. (1) The court erred when it ruled that the new eon-tract of June, 1917, as set forth in defendant’s answer (and as was proven by plaintiff itself, when it introduced the respective letters and telegrams of June 21, 22, 23 and 28, 1917, respectively), did not supersede and do away with the contract which is sued on in the petition. These letters, and all the facts surrounding the matter, were introduced by plaintiff, and it clearly, and without dispute, shows that the contract sued on in the petition had been compromised,…
1Opinion of the Court
The plaintiff obtained a verdict against defendant in the Circuit Court of the City of Saint Louis, in the sum of $27,060, for a breach of contract; and the defendant at the same time obtained a verdict against plaintiff upon a counter-claim, also for a breach of contract, in the sum of $12,720, resulting in a net judgment for the plaintiff against the defendant of $14,340. The defendant alone appealed.
Plaintiff was a corporation engaged in the manufacture of railroad cars at Mt. Vernon, Illinois. The defendant was a Missouri corporation manufacturing bar iron in the City of Saint Louis. In…
2Cases cited16 opinions
- Lanitz v. KingSupreme Court of Missouri · 1887
- Bailey v. Kansas CitySupreme Court of Missouri · 1905
- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
- Donnell v. WrightSupreme Court of Missouri · 1899
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
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3Cited by25 opinions
- Myers v. BuchananSupreme Court of Missouri · 1960
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- Scott v. Missouri InsuranceSupreme Court of Missouri · 1950
- Berry v. HarmonSupreme Court of Missouri · 1959
- State Ex Rel. Place v. BlandSupreme Court of Missouri · 1944
20 more not listed; retrieve them via the Exa API.