Whittemore v. Sills
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Where performance of a contract is rendered temporarily unlawful, by reason of an injunction, it is merely suspended, and after the removal of the restraint, is still binding and valid, and this without any provision in the contract expressly covering such a contingency. Hadley v. Clarke, 8 D. & E. T. R. 259; Odlin v. Ins. Co., 2 Wash. O. C. 312; Semmes v. Ins.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Where performance of a contract is rendered temporarily unlawful, by reason of an injunction, it is merely suspended, and after the removal of the restraint, is still binding and valid, and this without any provision in the contract expressly covering such a contingency. Hadley v. Clarke, 8 D. & E. T. R. 259; Odlin v. Ins. Co., 2 Wash. O. C. 312; Semmes v. Ins. Co., 30 Wall. 158; 2 Parsons on Contracts, p. 127; Ins. Co. v. Hillard, 37.N. J. Lawr, 444; Bayes v. Fettyplace, 7 Mass. 325; 2 Chitty on Contracts [11 Ed.], 1079;…
1Opinion of the CourtEllison, J.
This action is on two special tax bills issued to a contractor for building a sewer in Kansas City and by the contractor assigned to plaintiff. The time limited in the ordinance and contract for the completion of the sewer was one hundred and eighty days. The time taken by the contractor was more than three *251times that period. Plaintiff seeks to avoid the failure to perform within the time, by showing that an injunction was issued, at the suit of some third party, against the prosecution of the work. Defendant contends that the ordinance was absolute as to the time and that the contract made…
Also in this document: Concurrence.
2Cases cited14 opinions
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Williams v. PounsTexas Supreme Court · 1877
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- Galbreath v. NewtonMissouri Court of Appeals · 1887
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3Cited by18 opinions
- Heman v. GilliamMissouri Court of Appeals · 1902
- Curtice v. SchmidtSupreme Court of Missouri · 1907
- Roseberry v. American Benevolent Ass'nMissouri Court of Appeals · 1909
- Barber Asphalt Paving Co. v. MunnSupreme Court of Missouri · 1904
- Fisher v. L. E. Whitham & Co.Texas Supreme Court · 1931
13 more not listed; retrieve them via the Exa API.