Chapman v. Kansas City, Clinton & Springfield Railway Co.
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in leaving it to the jury to say whether defendant stopped and prevented the performance of the contract. Plaintiffs both testified they quit solely on account of the correspondence, beginning with the letter of July 6. It was for the court and not for the jury to say whether the effect of this correspondence was to stop them and prevent them from doing more.
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Appeal from Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in leaving it to the jury to say whether defendant stopped and prevented the performance of the contract. Plaintiffs both testified they quit solely on account of the correspondence, beginning with the letter of July 6. It was for the court and not for the jury to say whether the effect of this correspondence was to stop them and prevent them from doing more. Enterprise Soap Works v. Sayers, 55 Mo. App. 15; Falls' Wire Mfg. Co. v. Broderick, 12 Mo. App. 378; Luckhartv. Ogden, 30 Cal. 547; Van Valkenburg v.…
1Opinion of the CourtRobinson, J.
This case was here on a former appeal by defendant, when it was reversed and remanded for a new trial; the opinion on the first appeal is reported in 114 Mo. 542. Another trial was had before a jury, resulting in a verdict of $5,000 for the plaintiff. After an ineffectual motion for a new trial, defendant again appealed to this court.
This controversy arose out of an alleged breach of a tie contract. In January, 1886, the defendant made a contract with William Chapman to receive two hundred thousand seven and eight-inch specification ties at thirty-five and forty cents respectively, on its…
2Cases cited9 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Hosmer v. WilsonMichigan Supreme Court · 1859
- Chapman v. Kansas City, Clinton & Springfield RailroadSupreme Court of Missouri · 1893
- Overall v. EllisSupreme Court of Missouri · 1866
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3Cited by25 opinions
- Massman Construction Co. v. Lake Lotawana Ass'nMissouri Court of Appeals · 1948
- Carp v. Queen Insurance Co. of AmericaMissouri Court of Appeals · 1904
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1906
- Veterans Linoleum & Rug, Inc. v. TureenMissouri Court of Appeals · 1968
- Hadley Dean Plate Glass Co. v. Highland Glass Co.Court of Appeals for the Eighth Circuit · 1906
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