Weber Implement Co. v. Acme Harvesting Machine Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. O. A. Lucas, Judge. (1) The trial court was wrong in holding that profits are not recoverable and that appellant was only entitled to recover nominal damages.
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Appeal from Jackson Circuit Court. — Eon. O. A. Lucas, Judge. (1) The trial court was wrong in holding that profits are not recoverable and that appellant was only entitled to recover nominal damages. We recognize the well established general rule to be, as stated by the courts, that on failure of the vendor tó deliver goods according to contract, the ordinary measure of damages is the difference between the contract price and the market value of the goods at the time when, and the place where, they should have been delivered; but the courts recognize an exception to this rule, and it is this…
1Opinion of the Court
OPINION.
I
BOND, J.
— This cause was appealed to the Kansas City Court of Appeals and transferred to this court for the reason that the amount involved exceeded the jurisdiction of that court.
statement. The plaintiff, the Weber Implement Company, a Missouri corporation located at St. Louis, Missouri, and doing a jobbing business in farm machinery, on November 7, 1905, entered into a written contract with defendant, the Acme Harvesting Machine Company, an Illinois corporation, manufacturing farm machinery at Peoria, Illinois, whereby the latter agreed to manufacture certain mowing machines to be…
2Cited by12 opinions
- Guidry v. Charter Communications, Inc.Missouri Court of Appeals · 2008
- Mecartney v. Guardian Trust Co.Supreme Court of Missouri · 1918
- Hardin v. RayMissouri Court of Appeals · 1966
- United Iron Works v. Twin City Ice & Creamery Co.Supreme Court of Missouri · 1927
- Benton v. Alcazar Hotel Co.Supreme Court of Missouri · 1944
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