Sutter v. Raeder
Supreme Court of Missouri
Appeal from Si. Louis Gity Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The contract in suit was abandoned by mutual consent of the parties, before appellant accepted the option thereby given him, and a new agreement was consummated by means of the telegrams and letters which passed between the parties on March 18, 1893. This is conclusively established by the evidence, although there is some conflict in the testimony as to what the exact terms of the new agreement…
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Appeal from Si. Louis Gity Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The contract in suit was abandoned by mutual consent of the parties, before appellant accepted the option thereby given him, and a new agreement was consummated by means of the telegrams and letters which passed between the parties on March 18, 1893. This is conclusively established by the evidence, although there is some conflict in the testimony as to what the exact terms of the new agreement were on one particular point. A contract can be rescinded, changed or modified by a new agreement supported by a valuable…
1Opinion of the CourtMarshall, J.
Action for damages for breach of contract.
In 1891, Sutter, Raeder and M. F. Taylor leased certain premises, on the comer of Ninth and Olive streets, in the city of St. Louis, from John W. Kaufman, for a term of ninety-nine year’s, with the purpose of erecting a new building thereon. The lease was not signed by Kaufman’s wife, and contained a clause of forfeiture if any instalment of rent remained unpaid for ten days after it fell due. In consequence of these infirmities, it was found, after several efforts, to be impossible to secure the necessary capital, on the *301security of tlxe leasehold…
2Cases cited1 opinion
- Lanitz v. KingSupreme Court of Missouri · 1887
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- Jordan v. DavisSupreme Court of Missouri · 1903
- Chapin v. CherrySupreme Court of Missouri · 1912
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