Kauffman v. Raeder
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Missouri. This is an action on a contract. At the close of the evidence the court directed a verdict in favor of the defendants. The writ of error challenges the judgment which followed that verdict.
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In Error to the Circuit Court of the United States for the Eastern District of Missouri. This is an action on a contract. At the close of the evidence the court directed a verdict in favor of the defendants. The writ of error challenges the judgment which followed that verdict. The material facts established when the court directed the verdict were these: The plaintiff in error, John W. Kauffman, was in 1895 the owner of certain real estate in the city of St. Louis, Mo., at the northwest corner of Ninth and Olive streets. On June' 19, 1895, he made a lease of this property to the Central…
1Opinion of the Court
SANBORN, Circuit Judge,
after stating the case as above, delivered the opinion of the court.,May one party to a contract, who has accepted and retained the benefits of-.-its substantial performance by, the other party, retain and-*175enjoy these benefits, and still rescind the agreement, and escape all the burdens and liabilities of the contract, because the first. party lias failed to perform at the exact time stipulated therein a subordinate covenant, incidental to the main .purpose of the agreement, which goes only to a part of the consideration, and whose breach may be compensated by damages?…
2Cases cited43 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Swain v. SeamansSupreme Court of the United States · 1870
- Waterman v. BanksSupreme Court of the United States · 1892
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
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3Cited by77 opinions
- Public Market Co. v. City of PortlandOregon Supreme Court · 1942
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- First Nat. Bank of Amarillo v. RushTexas Commission of Appeals · 1919
- Pasquel v. OwenCourt of Appeals for the Eighth Circuit · 1950
- Cold Metal Process Co. v. United Engineering & Foundry Co.Court of Appeals for the Third Circuit · 1939
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