Harrison Wire Co. v. Hall & Willis Hardware Co.
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — IIon. A. M. Thayer, Judge. The court below committed error in not allowing the defendant as damages on the defendant’s counterclaims the sum of $2,640.88, which was proven to be the true difference between the contract price and the market price which the defendant had to pay in order to fill its orders for fence-wire, the rule of law being well settled that the measure of damages in cases of this kind is the difference between…
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Appeal from, St. Louis City Circuit Court. — IIon. A. M. Thayer, Judge. The court below committed error in not allowing the defendant as damages on the defendant’s counterclaims the sum of $2,640.88, which was proven to be the true difference between the contract price and the market price which the defendant had to pay in order to fill its orders for fence-wire, the rule of law being well settled that the measure of damages in cases of this kind is the difference between the contract price and the market value at the time it should have been delivered. Northrup v. Cook, 39 Mo. 208; Koeltz v.…
1Opinion of the CourtRay, C. J.
The plaintiff herein is a corporation dealing in wire fencing at St. Louis, Missouri, and defendant herein is also a corporation engaged at Kansas City, Missouri, in the hardware business and trade. The petition is in two counts for goods and merchandise sold and delivered by plaintiff to defendant. As to the first count, there is no controversy, the judgment thereon in plaintiff’s favor being, conceded to be correct.
The second count in the petition is for goods and merchandise sold and delivered by plaintiff to defendant in January, A. D. 1883, and the amount for which plaintiff obtained…
2Cited by9 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- Griffith v. Kansas City Material & Construction Co.Missouri Court of Appeals · 1891
- Wall v. St. Joseph Artesian Ice & Cold Storage Co.Missouri Court of Appeals · 1905
- Great Eastern Oil Co. v. DeMert & Dougherty, Inc.Supreme Court of Missouri · 1942
- W. F. Wilson & Son v. RusslerMissouri Court of Appeals · 1902
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