Howard v. Haas
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Eon. F. C. Johnston, Judge. (1) The court erred in the time of finding the breach of contract. It should have been declared to have been when the defendant first had notice- of the default, as the defendant had time then and it became his duty to go upon the market and get his tomatoes elsewhere. "For the plaintiff would not be responsible for any loss which the defendant might have avoided by procuring tomatoes elsewhere.
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Appeal from Newton Circuit Court. — Eon. F. C. Johnston, Judge. (1) The court erred in the time of finding the breach of contract. It should have been declared to have been when the defendant first had notice- of the default, as the defendant had time then and it became his duty to go upon the market and get his tomatoes elsewhere. "For the plaintiff would not be responsible for any loss which the defendant might have avoided by procuring tomatoes elsewhere. State v. Harrington, 44 Mo. App'. 297; Coal Company v. Brick Company, 66 Mo. App. 302; Creve Coeur Lake Ice Co. v. Tamm, 90 Mo. App.…
1Opinion of the Court
GRAY, J. —
This was an action in replevin, tried before the judge in the Newton Circuit Court. This is the second appeal. The opinion of the court on the former appeal will be found in 131 Mo. App. 499, and by reference to that opinion, the facts of the case will be ascertained. At the second trial, the plaintiff recovered the property sued for and the defendant recovered a judgment on his counterclaim, in the sum of $187.50,- and from this judgment the plaintiff appealed.
The plaintiff’s complaint of the action of the court on his cause of action, is confined to the question of damages. The…
2Cases cited6 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Mix v. KepnerSupreme Court of Missouri · 1883
- Howard v. HaasMissouri Court of Appeals · 1908
- Gill & Fisher v. Johnson-Brinkman Commission Co.Missouri Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Temple Cotton Oil Co. v. SkinnerSupreme Court of Arkansas · 1928
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
- National Warehouse & Storage Co. v. ToomeyMissouri Court of Appeals · 1910