Schnerr v. Lemp
Supreme Court of Missouri
'Appeal from St. Louis Law Commissioner’s Court. The appellant contends that the law in regard to entire contracts, of which there has been a partial or imperfect performance only, is, that the plaintiff, whose performance was the. condition precedent to the performance of the defendant, cannot ■ recover upon the contract itself, unless performance was prevented by the act of the defendant; bat that, if the defendant has received and enjoyed any benefit from the plaintiff’s…
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'Appeal from St. Louis Law Commissioner’s Court. The appellant contends that the law in regard to entire contracts, of which there has been a partial or imperfect performance only, is, that the plaintiff, whose performance was the. condition precedent to the performance of the defendant, cannot ■ recover upon the contract itself, unless performance was prevented by the act of the defendant; bat that, if the defendant has received and enjoyed any benefit from the plaintiff’s partial or imperfect performance, he is liable to the plaintiff for the reasonable worth of the services performed,…
1Opinion of the CourtGamble, Judge
1. In the case of Dickson v. Caldwell, decided at the last term, it was held, that where a master hired his slave to another for a year, at a specified price, and without cause took *42him away before the expiration of the time, he could not recover the money which was agreed to be paid at the end of the year for the services. This decision was made under the authority of Posey v. Garth, 7 Mo. Rep. 96. The law thus declared is decisive of the present case. Scknerr engaged to serve Lemp by the year for fixed wages, and before the expiration of the year, without cause or excuse, abandoned the…
2Cases cited1 opinion
- Posey v. GarthSupreme Court of Missouri · 1841
3Cited by8 opinions
- Earp v. TylerSupreme Court of Missouri · 1881
- Nearns v. HarbertSupreme Court of Missouri · 1857
- Gruetzner v. Aude Furniture Co.Missouri Court of Appeals · 1887
- Banse v. TateMissouri Court of Appeals · 1895
- Lindner v. Cape Brewery & Ice Co.Missouri Court of Appeals · 1908
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