Williams v. Kansas City Suburban Belt Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James Qibson, Judge. (1) Plaintiff’s own evidence shows that immediately after the execution of said release contract, defendant tendered the plaintiff his former position of railroad conductor at his old wages, and that plaintiff refused to accept it because “he couldn’t do that work.”
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Appeal from the Jackson Circuit Court. — Hon. James Qibson, Judge. (1) Plaintiff’s own evidence shows that immediately after the execution of said release contract, defendant tendered the plaintiff his former position of railroad conductor at his old wages, and that plaintiff refused to accept it because “he couldn’t do that work.” A party can not recover for breach of stipulation on a contract unless he has performed all the acts on his part which were conditions precedent, and is ready to perform those which were to be concurrently performed with the acts of the defendant. Denny v. Kile, 16…
1Opinion of the CourtEllison, J.
— The plaintiff instituted this action for damages alleged to have accrued to him by reason of a breach of contract made by him with defendant. Plaintiff prevailed in the trial court.
The record discloses that plaintiff was an employee of *107defendant as conductor on one of its trains. He received personal injury while so employed and claimed that defendant was liable to him therefor in damages. Afterwards the matter was adjusted and settled between the parties, the following written agreement being made:
“Know all men by these presents: That, whereas, the undersigned, N. G. Williams, claims to…
2Cases cited11 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
- Harrington v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1895
- Koehler v. BuhlMichigan Supreme Court · 1893
- Blaine v. Publishers George Knapp & Co.Supreme Court of Missouri · 1897
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3Cited by6 opinions
- Kansas City Bridge Co. v. Kansas City Structural Steel Co.Supreme Court of Missouri · 1958
- Huntington v. Toledo, St. L. & W. R.Court of Appeals for the Sixth Circuit · 1909
- Metropolitan Street Railway Co. v. Broderick & Bascom Rope Co.Missouri Court of Appeals · 1911
- Butsch v. Emerson-Brantingham Implement Co.Missouri Court of Appeals · 1917
- Phillips v. BarnesMissouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.