Duke v. Harper
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. Construction of contracts. — 2 Pars, on Con. 498; 1 Story on Con., sects. 774, 817; Smith on Con. 508; Mete, on Con. 275. The action is for damages sustained by the wrongful prevention by the defendants of performance of the contract on the part of the plaintiffs; and the measure of damages is the loss actually sustained. — Sedgw. on Dam., top p. 103; White v. Mann, 26 Mo. 361; Peters v. Opie, 1 Vt. 177; Bagley v. Smith, 10 N. Y. 489…
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Appeal from the St. Louis Circuit Court. Construction of contracts. — 2 Pars, on Con. 498; 1 Story on Con., sects. 774, 817; Smith on Con. 508; Mete, on Con. 275. The action is for damages sustained by the wrongful prevention by the defendants of performance of the contract on the part of the plaintiffs; and the measure of damages is the loss actually sustained. — Sedgw. on Dam., top p. 103; White v. Mann, 26 Mo. 361; Peters v. Opie, 1 Vt. 177; Bagley v. Smith, 10 N. Y. 489 ; Allison v. Chandler, 11 Mich. 542; Park v. Kitchen, 1 Mo. App. 357 ; Lewis v. Atlas Mutual Life Ins. Co., 61 Mo. 534;…
1Opinion of the CourtHayden, J.
The petition states that the plaintiffs, who were practising lawyers, entered into a contract with the defendants for the recovery of certain real and personal property claimed by the latter. One Eliza Haycraft left by will real and personal estate which she devised and bequeathed to her brother and sisters. In her lifetime she had made deeds of certain property, and after her death these were put upon record by the grantees, who claimed this property adversely to the devisees under the will. The written contract sued on re-' cited these facts, and also that the parties of the first part,…
2Cases cited8 opinions
- Baldwin v. BennettCalifornia Supreme Court · 1854
- Myers v. CrockettTexas Supreme Court · 1855
- Pond v. WymanSupreme Court of Missouri · 1851
- Jones v. JuddNew York Court of Appeals · 1850
- McElhinney v. KlineMissouri Court of Appeals · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- French v. CunninghamIndiana Supreme Court · 1898
- Southworth v. RosendahlSupreme Court of Minnesota · 1916
- Robertson v. National Spiritualists' Ass'n of the United StatesCourt of Appeals of Texas · 1929
- McCall v. AtchleySupreme Court of Missouri · 1914
- Jennings v. CanadyCourt of Appeals for the Eighth Circuit · 1926
3 more not listed; retrieve them via the Exa API.