D. C. Hardy Implement Co. v. South Bend Iron Works
Supreme Court of Missouri
Error to Morgan Circuit Court. — Hon. D. W. Shaoklefobd, Judge. Action for breach of contract; petition in two counts. Except as to matter of damages, and of malice charged in the first, the counts are substantially the same, so that it will only be necessary to give the substance of the first count, which is to the effect: That Hardy & Mason, a firm composed of plaintiff and one Chas.
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Error to Morgan Circuit Court. — Hon. D. W. Shaoklefobd, Judge. Action for breach of contract; petition in two counts. Except as to matter of damages, and of malice charged in the first, the counts are substantially the same, so that it will only be necessary to give the substance of the first count, which is to the effect: That Hardy & Mason, a firm composed of plaintiff and one Chas. H. Mason, on the thirtieth of November, 1892, entered into a written contract with defendant, whereby said Hardy & Mason agreed to buy, and defendant agreed to sell and ship to them, on or before February 1,…
1Opinion of the CourtSherwood, J.
Where, as here, an executory contract is made between two parties, and one of them consists of two persons composing a partnership, and one of those persons withdraws from the firm which is thereby dissolved, it belongs to the party who contracted with the firm to say whether the contract, which, as in this case, rested as it appears, on grounds of personal trust and confidence, to say whether the contract shall proceed or not to completion. In short, whether the other contractor would recognize and ratify a substituted, in lieu of the original, agreement.
Here the plows were to be placed in…
2Cases cited8 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Lansden v. McCarthySupreme Court of Missouri · 1869
- City of St. Louisex rel. Sullivan v. ClemensSupreme Court of Missouri · 1867
- Leahy v. Dugdale's AdministratorSupreme Court of Missouri · 1858
- Boykin v. CampbellMissouri Court of Appeals · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stanley Clayman and Melvin Clayman v. Goodman Properties, IncCourt of Appeals for the D.C. Circuit · 1974
- Paige v. . FaureNew York Court of Appeals · 1920
- Crane Ice Cream Co. v. Terminal Freezing & Heating Co.Court of Appeals of Maryland · 1925
- J. Maury Dove Co. v. New River Coal Co.Court of Appeals of Virginia · 1928
- Thomas-Bonner Co. v. Hooven, Owens & Rentschler Co.Court of Appeals for the Sixth Circuit · 1922
14 more not listed; retrieve them via the Exa API.