Hammer v. Breidenbach
Supreme Court of Missouri
Appeal from, St. Louis Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The five himdred dollars are not a conclusive measure of damages. Plaintiffs could recover only such amount, short of five hundred dollars, as the proof shows they were damaged. By the terms of the contract he was bound to make good beer. It was necessary for defendant to frequent the cave; his life was endangered by entering it.
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Appeal from, St. Louis Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The five himdred dollars are not a conclusive measure of damages. Plaintiffs could recover only such amount, short of five hundred dollars, as the proof shows they were damaged. By the terms of the contract he was bound to make good beer. It was necessary for defendant to frequent the cave; his life was endangered by entering it. Plaintiffs had the power to remedy this. They were bound to do this. They made no effort. Defendant had a good and sufficient cause for leaving. The court…
1Opinion of the CourtNapton, Judge
This suit is brought to recover the penalty of five hundred dollars, for the breach of contract. The contract is as follows : “ Agreement between Charles and Philip Hammer & Co. of the one part, and Henry Breidenbach of the other part, both parties of the city of St. Louis, county of St. Louis, state of Missouri. 1st. The proprietors of the Bavarian brewery of St. Louis — Ch. and Ph. Hammer & Co. — engage, on this date, Mr. Henry Breidenbach as foreman of said brewery. 2d. Mr. Henry Breidenbach obligates himself to conduct the said ‘ brewery business’ conscientiously and with the best…
2Cases cited1 opinion
- Gower v. SaltmarshSupreme Court of Missouri · 1848
3Cited by5 opinions
- Thompson v. St. Charles CountySupreme Court of Missouri · 1910
- Morse v. RathburnSupreme Court of Missouri · 1868
- Sylvester Watts Smyth Realty Co. v. American Surety Co.Supreme Court of Missouri · 1922
- Werner v. FinleyMissouri Court of Appeals · 1910
- Goldman v. WolffMissouri Court of Appeals · 1879