Legal Opinion

Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.

Missouri Court of Appeals

Decided July 12, 1918PublishedCited by 12 opinions

Appeal from the Circuit Court of the City of St. Louis. — Hon. Wilson A. Taylor, Judge. (1) The provision in the general contract for payment of $100 for each day’s delay in finishing the various sections of the building must he construed as a penalty and not as liquidated damages, because: (a) In view of the character and cost of the building the $100 per day for each section is an unreasonable and extortionate snm and cannot be treated as a fair measure of actual damages,…

Read the full summary

Appeal from the Circuit Court of the City of St. Louis. — Hon. Wilson A. Taylor, Judge. (1) The provision in the general contract for payment of $100 for each day’s delay in finishing the various sections of the building must he construed as a penalty and not as liquidated damages, because: (a) In view of the character and cost of the building the $100 per day for each section is an unreasonable and extortionate snm and cannot be treated as a fair measure of actual damages, (b) Tbe damages for delay* in completing a building are ascertainable according to ■well-recognized legal rules and…

1Opinion of the CourtAllen, J.

— This is an action, instituted May 15, 1907, by a sub-contractor, Christopher & Simpson Architectural Iron & Foundry Company, against the general contractor, E. A. Steininger Construction Company, and the owner, Mound City' Ice & Cold Storage Company, for a balance alleged to be due plaintiff from the defendant contractor for the reasonable value of labor and materials furnished in the erection of a certain building, and for a lien therefor *39against the property. The parties to the record are all corporations. The issues arise upon the petition, the first amended answer of the defendant…

2Cases cited26 opinions

  1. General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
  2. Thompson v. St. Charles CountySupreme Court of Missouri · 1910
  3. Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918
  4. Cochran v. People's Railway Co.Supreme Court of Missouri · 1892
  5. Trimble v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1904

21 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Bloomfield Reorganized School District No. R-14, Stoddard County v. StitesSupreme Court of Missouri · 1960
  2. Mid-West Engineering & Construction Co. v. CampagnaSupreme Court of Missouri · 1967
  3. Gee v. PayneMissouri Court of Appeals · 1997
  4. Trout's Investments, Inc. v. DavisMissouri Court of Appeals · 1972
  5. c.ed Gaines v. c.w.jonesCourt of Appeals for the Eighth Circuit · 1973

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API