Frederick v. Willoughby
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — No». Haywood Scotty Judge. (1) It is settled law in this State that either party to an executory contract has the right to repudiate the contract on the usual terms of compensating the other for damages; and, that when the contract is so repudiated, the other party is not thereafter at liberty to proceed with the performance. Catalog Co. v. Car Co., 120 Mo.
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Appeal from Jasper Circuit Court. — No». Haywood Scotty Judge. (1) It is settled law in this State that either party to an executory contract has the right to repudiate the contract on the usual terms of compensating the other for damages; and, that when the contract is so repudiated, the other party is not thereafter at liberty to proceed with the performance. Catalog Co. v. Car Co., 120 Mo. App. 583; Dillon v. Anderson, 43 N. Y. 23; 2 Mechem on Sales, sec. 1699, p. 1379. (2) His action was for breach of contract, and the measure of damages would be the profit which he would have made. King…
1Opinion of the CourtJohnson, J.
Action on contract brought before a justice of the peace to recover the purchase price of a refrigerator sold plaintiff to defendant. A jury was waived in the circuit court where the cause was taken by appeal and a trial resulted in a judgment for plaintiff for the amount of the contract price of the refrigerator. Defendant appealed.
Plaintiff, doing business in St. Louis under the name of the Standard Scales & Fixtures Company, was a dealer in scales, refrigerators and fixtures used by grocers. Defendant was a grocer doing business in Carterville, Missouri. On January 3, 1907, defendant…
2Cases cited5 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Cole v. ArmourSupreme Court of Missouri · 1900
- Kingman & Co. v. Western Mfg. Co.Court of Appeals for the Eighth Circuit · 1899
- St. Louis Range Co. v. Kline-Drummond Mercantile Co.Missouri Court of Appeals · 1906
- Ex parte SnyderMissouri Court of Appeals · 1888
3Cited by7 opinions
- Koenig v. Truscott Boat Manufacturing Co.Missouri Court of Appeals · 1911
- J. B. Colt Co. v. WatsonMissouri Court of Appeals · 1923
- Kenyon Printing & Manufacturing Co. v. Barnsley Bros. Cutlery Co.Missouri Court of Appeals · 1910
- Stix, Baer & Fuller Dry Goods Co. v. Ottawa Realty Co.Supreme Court of Missouri · 1918
- Outcault Advertising Co. v. WilsonMissouri Court of Appeals · 1915
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