Claudius v. West End Heights Amusement Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Douglas, Judge. (1) Bespondent’s instruction numbered 1 was correct. If the plaintiff, before the time for his performance of the contract arrives, finds the defendant refusing or failing to perform his part of the contract in a material matter, the plaintiff is excused from performance and may abrogate the contract and sue at once for damages. Halpin v. Manny, 57 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Douglas, Judge. (1) Bespondent’s instruction numbered 1 was correct. If the plaintiff, before the time for his performance of the contract arrives, finds the defendant refusing or failing to perform his part of the contract in a material matter, the plaintiff is excused from performance and may abrogate the contract and sue at once for damages. Halpin v. Manny, 57 Mo. App. 61; Clendinnin v. Paulsen, 3 Mo. 230; Little v. Mercer, 9 Mo. 121; Pond v. Wyman, 15 Mo. 183; Dobbins v. Edmonds, 18 Mo. App. 316; Murphy v. Black, 78 Mo. App. 316;…
1Opinion of the CourtReyburn, J.
In March, 1903, the parties hereto entered into a contract reduced to writing, by the terms of which plaintiff, in this court the respondent, was granted the exclusive right of installing and operating various characters of amusements and pleasure devices at appellant’s amusement garden and resort, known as the West End Heights, for the summer season of 1903, and conditionally for the season of 1904 as well, such annual seasons to embrace at least three-months from June first of each year, and in return for such concession respondent agreed to pay $11,250 in specified installments at dates…
2Cases cited3 opinions
- Gordon v. BurrisSupreme Court of Missouri · 1899
- Halpin v. MannyMissouri Court of Appeals · 1894
- Union Trust Co. v. Provident Washington InsuranceMissouri Court of Appeals · 1899
3Cited by3 opinions
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Stuckes v. National Candy Co.Missouri Court of Appeals · 1911
- Schwab Safe & Lock Co. v. SnowUtah Supreme Court · 1915