Lee v. Ashbrook
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. STATEMENT OJT THE CASE. Respondents, Ltse & Dolen, instituted suit against appellant in the St. Louis court of cont-mon pleas, at the September term, 1849, by petition, which set forth, in substance, that they, with appellant, in January 1849 entered into a contract whereby respondents were to do the excavation for a house to be buidt by appellant in the city of St. Louis, for which appellant was to pay them fourteen cents a cubic…
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APPEAL from St. Louis Court of Common Pleas. STATEMENT OJT THE CASE. Respondents, Ltse & Dolen, instituted suit against appellant in the St. Louis court of cont-mon pleas, at the September term, 1849, by petition, which set forth, in substance, that they, with appellant, in January 1849 entered into a contract whereby respondents were to do the excavation for a house to be buidt by appellant in the city of St. Louis, for which appellant was to pay them fourteen cents a cubic yard, to be paid as done; also, they were to build the walls of said house, intended for a pork-house, and al-o the…
1Opinion of the Court
Napton J.,
delivered the opinion of the court.
The most material point, touching the law of the case, rises from the second instruction given by the court.
The old rule in relation to contracts, which in their nature were entire and indivisible, required from the plaintiff an entire performance of his part of the contract, as a condition precedent to his recovery, unless some legal excuse was shown. This rule was fully adopted in this State in early cases, especially in Helen vs. Wilson (4 Mo. Rep., 41.) If by the terms of the contract, certain sums became due upon performance of separate part…
2Cases cited1 opinion
- Helm v. WilsonSupreme Court of Missouri · 1835
3Cited by8 opinions
- Peters v. HalliganNebraska Supreme Court · 1967
- Koeltz v. BleckmanSupreme Court of Missouri · 1870
- Lamb v. BrolaskiSupreme Court of Missouri · 1866
- Decker v. School District No. 2Missouri Court of Appeals · 1903
- Lowe v. SinklearSupreme Court of Missouri · 1858
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