Burns v. Reis
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge, (1) The provision in the contract between the appellant and the respondent reading “should the ‘continuance of building prove unprofitable in the opinion of said Reis, said Reis reserves the right to discontinue the building of any more houses on said land above mentioned and terminate this contract” did not, as a matter of law, give the respondent the right to cancel the contract in the face of the…
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge, (1) The provision in the contract between the appellant and the respondent reading “should the ‘continuance of building prove unprofitable in the opinion of said Reis, said Reis reserves the right to discontinue the building of any more houses on said land above mentioned and terminate this contract” did not, as a matter of law, give the respondent the right to cancel the contract in the face of the uncontradicted testimony that a profit had been made on the three houses, and the admissions in the answer of the…
1Opinion of the CourtAllen, J.
This is an action to recover damages for the alleged breach by defendant of a written contract entered into between plaintiff and defendant. The cause was tried before the court without the intervention of a jury, a jury having been waived, and resulted in a judgment for the defendant, from which the plaintiff prosecutes the appeal before us.
It appears that, at the instance of plaintiff, a member of. a firm of real estate agents,, defendant, who had retired from active business, contracted to purchase from a third person a tract of vacant land fronting on Kennedy avenue, a street in the city…
2Cases cited7 opinions
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Keeler v. CliffordIllinois Supreme Court · 1897
- Blaine v. Publishers George Knapp & Co.Supreme Court of Missouri · 1897
- Berthold v. St. Louis Electric Construction Co.Supreme Court of Missouri · 1901
- Mullally v. GreenwoodSupreme Court of Missouri · 1895
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3Cited by4 opinions
- State Ex Inf. McKittrick v. KirbySupreme Court of Missouri · 1942
- Hall v. W.L. Brady Investments, Inc.Missouri Court of Appeals · 1984
- LARRY SNYDER AND COMPANY v. MillerCourt of Appeals for the Tenth Circuit · 2011
- McKoy v. BlalockCourt of Appeals of Georgia · 1969