Menges v. Milton Piano Co.
Missouri Court of Appeals
Appeal from St. Louis, City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) A judgment for damages for breaches of a ■contract occurring prior to the filing of such suit is not •a bar to another suit for damages for breaches of said (same) contract occurring after the filing of the first suit- and not included in said judgment, where the damages sought to be recovered are damages for separate and distinct breaches of a continuous contract of uncertain duration,,…
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Appeal from St. Louis, City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) A judgment for damages for breaches of a ■contract occurring prior to the filing of such suit is not •a bar to another suit for damages for breaches of said (same) contract occurring after the filing of the first suit- and not included in said judgment, where the damages sought to be recovered are damages for separate and distinct breaches of a continuous contract of uncertain duration,, divisible and apportionable in its nature and not for a total breach or termination of such contract. The case at bar is such a…
1Opinion of the CourtBland, P. J.
We adopt the following statement . of the case made by respondent:
“On the twenty-fourth day of October, 1900, appellant brought an action in the St. Louis Circuit Court for damages against respondent on account of a breach of contract entered into between the parties on July 6, 1898 (said breach consisted of the selling of pianos to persons, other than plaintiff, by defendant), the essential parts of which contract are the following clauses:
“ ‘The said Charles Menges shall have the sole and exclusive sale and agency for the said Milton piano or any piano sold or manufactured by said Milton…
2Cases cited22 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Beach v. . CrainNew York Court of Appeals · 1848
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
- Springfield Foundry & Machine Co. v. ColeSupreme Court of Missouri · 1895
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3Cited by3 opinions
- Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.Missouri Court of Appeals · 1918
- McGee v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1937
- Leet v. GratzMissouri Court of Appeals · 1907