Ward v. Haren
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Ron. William M. Kinsey, Judge. (1) Under the opinion and mandate of the Court of Appeals the power and duty of the circuit court upon the retrial of the cause, was limited to finding the number of days after April 15, 1904, that the contractor was in default in the completion and delivery of the building and to give the defendant judgment against the plaintiff on the counterclaim for the number so found at the rate fixed by the…
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Appeal from St. Louis City Circuit Court.—Ron. William M. Kinsey, Judge. (1) Under the opinion and mandate of the Court of Appeals the power and duty of the circuit court upon the retrial of the cause, was limited to finding the number of days after April 15, 1904, that the contractor was in default in the completion and delivery of the building and to give the defendant judgment against the plaintiff on the counterclaim for the number so found at the rate fixed by the contract as liquidated damages, (a) Where a cause is remanded with special directions, the court receiving such directions,…
1Opinion of the CourtAllen, J.
This is the second appearance of this case in this court. The opinion on the former appeal will be found reported in 139 Mo. App. 8,119 S. W. 446. The action is one for a balance due upon a building contract by which the plaintiff agreed to erect for the defendant a certain temporary building, in the city of St. Louis, in consideration of the sum of $8120, to be .paid him by defendant. • The contract was entered into on February 23, 1904, and the building was intended to be rented; for business purposes during the period of the Louisiana Purchase Exposition, or “World’s Fair,” held in said…
2Cases cited26 opinions
- Collier v. BettertonTexas Supreme Court · 1895
- Donnell v. WrightSupreme Court of Missouri · 1899
- May v. CrawfordSupreme Court of Missouri · 1899
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Thompson v. St. Charles CountySupreme Court of Missouri · 1910
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3Cited by10 opinions
- Grand Bissell Towers, Inc. v. Joan Gagnon Enterprises, Inc.Missouri Court of Appeals · 1983
- Anthony Arcese v. Daniel Schmitt & CompanyMissouri Court of Appeals · 2016
- Rainier v. MastersOregon Supreme Court · 1916
- Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.Missouri Court of Appeals · 1918
- Schwarz v. LeeCourt of Appeals of Texas · 1926
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