Hammond v. Beeson
Supreme Court of Missouri
Appeal from Jackson Circuit Cowrt. — Hon. T. A. Gtll, Judge. ' (1) The objection to any evidence ought to have been sustained. The petition states a specific contract and a breach thereof. The particular damages set out and sought to be recovered are not logically or lawfully predicable of such a breach of such a contract. (2) First.
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Appeal from Jackson Circuit Cowrt. — Hon. T. A. Gtll, Judge. ' (1) The objection to any evidence ought to have been sustained. The petition states a specific contract and a breach thereof. The particular damages set out and sought to be recovered are not logically or lawfully predicable of such a breach of such a contract. (2) First. The first instruction given' in behalf of the plaintiff is wrong in these particulars, viz.: There was no evidence of any agreement between the parties that the road should be ready for plaintiff by September 1, ■or that he was notified to be on the ground by…
1Opinion of the CourtMacfarlane, J.
Plaintiff sued for special damages for breach of an alleged contract to grade for defendants five miles of railroad in Rush county, Kansas.
The petition charged that both plaintiff and defendants were contractors and builders of railroads; that in August, 1886, plaintiff and defendants entered into a contract by which plaintiff agreed to grade -for them five miles of railroad, for which defendants were to pay ten cents per yard, and that work would be ready by September 1, 1886; that plaintiff moved his men, wagons, teams and implements to the place the work was to be done and was ready to…
2Cases cited9 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Polsley & Son v. AndersonWest Virginia Supreme Court · 1874
- Atkinson v. MorseMichigan Supreme Court · 1886
- Pond v. HarrisMassachusetts Supreme Judicial Court · 1873
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3Cited by25 opinions
- Business Men's Assurance Co. of America v. GrahamMissouri Court of Appeals · 1994
- Bignold v. King CountyWashington Supreme Court · 1965
- City of Chicago v. McKechneyIllinois Supreme Court · 1903
- Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1912
- McFarland v. BishopSupreme Court of Missouri · 1920
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