Legal Opinion

Briggs v. Morgan

Missouri Court of Appeals

Decided January 19, 1904Published

Appeal from Scotland Circuit Court. — Hon. E. R. McKee, Judge. Smith, v. Keith & Perry Co., 36 Mo. App. 567; Halpin Mfg. Co. v. School Dist., 54 Mo. App. 380; West v. Freeman, 76 Mo. App. 101; Dempsey v. Lawson, 76 Mo. App. 526; Freeman v. Taylor, 62 Mo. App. 617; Cahill & Co. v. Orphan School, 63 Mo. App. 33; Halpin Mfg. Co.v. School Dist., 54 Mo. App. 380. (1) Where a contract is entire there can he no recovery for a partial performance of it.

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Appeal from Scotland Circuit Court. — Hon. E. R. McKee, Judge. Smith, v. Keith & Perry Co., 36 Mo. App. 567; Halpin Mfg. Co. v. School Dist., 54 Mo. App. 380; West v. Freeman, 76 Mo. App. 101; Dempsey v. Lawson, 76 Mo. App. 526; Freeman v. Taylor, 62 Mo. App. 617; Cahill & Co. v. Orphan School, 63 Mo. App. 33; Halpin Mfg. Co.v. School Dist., 54 Mo. App. 380. (1) Where a contract is entire there can he no recovery for a partial performance of it. Bersch v. Sander, 37 Mo. 104; Barrie v. Seidel, 30 Mo. App. 559; Posey v. Garth, 1 Mo. 94; Henson v. Hampton, 32 Mo. 408; Sehnerr v. Lemp, 19 Mo. 40;…

1Opinion of the CourtBland, P. J.

The suit originated before a justice of the peace on the following account:

‘ ‘ Oscar Morgan, Dr. to ¥m. D. Briggs.

1902, Nov. 15, Hay, 2050 lbs.

1902, Dec. 1, Hay, 3125 lbs,

“Total, 5175lbs. at $8.00 per ton, $20.70.”

Prom a judgment recovered by plaintiff before the justice defendant appealed. On the trial in the circuit court defendant admitted that he had received the number of pounds of hay sued for and that he had agreed to pay eight dollars per ton for the hay. His defense was that he had contracted with plaintiff for ten tons of hay at eight dollars per ton to be delivered from time to…

2Cases cited3 opinions

  1. Smith v. Keith & Perry Coal Co.Court of Appeals of Kansas · 1889
  2. James Halpin Manufacturing Co. v. School District of CaliforniaMissouri Court of Appeals · 1893
  3. Dempsey v. LawsonMissouri Court of Appeals · 1898

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