Howard County v. Baker
Supreme Court of Missouri
Appeal from Saline Circuit Goivrt. — Hon. Eighard Eield, Judge. (1) Plaintiff was not entitled to recover on its petition,- because it alleged as a breach the failure of Baker to comply with the contract of June 1, whereas the undisputed evidence showed that this contract, as pleaded, no longer existed, but the same had been changed, altered, modified and abrogated by a new contract made on October 1. Plaintiff’s right to recover, if at all, was for failure to perform the…
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Appeal from Saline Circuit Goivrt. — Hon. Eighard Eield, Judge. (1) Plaintiff was not entitled to recover on its petition,- because it alleged as a breach the failure of Baker to comply with the contract of June 1, whereas the undisputed evidence showed that this contract, as pleaded, no longer existed, but the same had been changed, altered, modified and abrogated by a new contract made on October 1. Plaintiff’s right to recover, if at all, was for failure to perform the new and altered agreement. Victor Sewing Machine v. Scheffler, 61 Cal. 530; Osborne v. VanHouten, 45 Mich. 444; Warden…
1Opinion of the CourtGrANTT, P. J.
This is a suit on a bond executed by the defendant, Baker, as principal, and the other defendants, as his securities, conditioned for the performance of a contract to build a courthouse at the city of Fayette, made by him yrith the county court of Howard county.
The defendant, Baker, on the first day of July, 1887, entered into a written contract with said court to furnish the material and construct said courthouse, according to certain plans and specifications prepared by the architects, and made part of the contract, for which he was to receive the'sum of $32,942.
The only clauses in this…
2Cases cited10 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Rude v. MitchellSupreme Court of Missouri · 1888
- Hayden v. CookNebraska Supreme Court · 1892
- Meyer v. ChambersSupreme Court of Missouri · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- De Mattos v. JordanWashington Supreme Court · 1896
- Long Bros. Grocery Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1908
- Snoqualmi Realty Co. v. MoynihanSupreme Court of Missouri · 1904
- National Surety Co. v. LongSupreme Court of Arkansas · 1908
- United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
20 more not listed; retrieve them via the Exa API.