Nordyke & Marmon Co. v. Kehlor
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The record discloses no valid reason for the rescission of the contract by the respondent, (a) There was no impossibility of performance. Paradme v. Jane, 8 T. R. 267; The Harriman, 9 Wall. 172; Blight v. Page, 3 Bos. & Pull. 295; Barker v. Hodgson, 3 Maulé & S. 271; Railroad v. Reichert, 58 Md. 261; Neil v. Reed, 9 Bing. 68; Harrison v. Railroad, 74 Mo. 371; Robson v. Log Co., 61 Eed.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The record discloses no valid reason for the rescission of the contract by the respondent, (a) There was no impossibility of performance. Paradme v. Jane, 8 T. R. 267; The Harriman, 9 Wall. 172; Blight v. Page, 3 Bos. & Pull. 295; Barker v. Hodgson, 3 Maulé & S. 271; Railroad v. Reichert, 58 Md. 261; Neil v. Reed, 9 Bing. 68; Harrison v. Railroad, 74 Mo. 371; Robson v. Log Co., 61 Eed. Rep. 893; Jones v. Anderson, 82 Ala. 202; Williams v. Miller, 6 Pac. Rep. 14. (b) There is no room for the application of the…
1Opinion of the Court
VALLIANT, T.
Plaintiff is a corporation engaged in manufacturing flouring mills and defendant is an owner and operator of such mills. Plaintiff sued for the price of certain rolls furnished to defendant, for his mills, • and defendant-answered with a counter-claim. The cause was by consent referred to Arba N. Crane, Esq., to try all tbe issues. Upon the trial before tbe referee, tbe plaintiff’s cause of action was confessed, but the controversy was over the counter-claim, which controversy is sufficiently stated in the report of the referee as follows:
“Shortly stated, 'the case is that by its…
2Cases cited6 opinions
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- The HarrimanSupreme Court of the United States · 1870
- Griffith v. TownleySupreme Court of Missouri · 1878
- Koontz v. Central National BankSupreme Court of Missouri · 1873
- Brown v. FaganSupreme Court of Missouri · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brunner v. Stix, Baer & Fuller Co.Supreme Court of Missouri · 1944
- New York Life Insurance v. GilbertMissouri Court of Appeals · 1923
- Power Service Corporation v. JoslinCourt of Appeals for the Ninth Circuit · 1949
- Coffman v. Saline Valley RailroadMissouri Court of Appeals · 1914
- Picotte v. MillsMissouri Court of Appeals · 1918
11 more not listed; retrieve them via the Exa API.