Simpson v. Ball
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. John I. Williamson, Special Judge. (1) In an action for breach of contract the measure of damages should not be left to the speculation of the jury. Rhodes v. Holladay, 105 Mo. App. 279; Camp y. Railroad, 94 Mo. App. 272; Sherwood y.
Read the full summary
Appeal from Jackson Circuit Court. — Son. John I. Williamson, Special Judge. (1) In an action for breach of contract the measure of damages should not be left to the speculation of the jury. Rhodes v. Holladay, 105 Mo. App. 279; Camp y. Railroad, 94 Mo. App. 272; Sherwood y. Railroad, 132 Mo. 339. (2) The measure of damages in breach of contract cases is fixed definitely as the profit plaintiff would have realized had he been permitted to finish the work. 13 Cyc., p. 51; Speed v. U. S., 8 Wall. (U. S.), 77; Wilson v. Morse, 52 Wis. 240; Railroad v. Lutes, 112 Ind. 281. (3) Instructions on the…
1Opinion of the CourtJohnson, J.
Action to recover damages for breach of contract. The appeal is prosecuted by defendants from a judgment rendered for plaintiff on a verdict of $375. The contract was oral and at the time it was made plaintiff was an architect employed by a firm of architects in Kansas City. Defendants decided to erect a large building on property owned by them in the business district of Kansas City and after looking at rough plans submitted by plaintiff agreed to employ him to prepare the plans and specifications. Plaintiff had the consent of his employers to take the employment on his own account as a side…
2Cases cited13 opinions
- Kersey v. GartonSupreme Court of Missouri · 1883
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Hawes v. Kansas City Stock-Yards Co.Supreme Court of Missouri · 1890
- Waddell v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- Hildebrand v. American Fine Art Co.Wisconsin Supreme Court · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stipp v. Tsutomi KarasawaSupreme Court of Missouri · 1958
- Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Cornejo v. Crawford CountyMissouri Court of Appeals · 2005
- Burens v. Wolfe Wear-U-Well Corp.Missouri Court of Appeals · 1942
- Strayer v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.