William E. Peck & Co. v. Kansas City Metal Roofing & Corrugating Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. E. P. Gates, Judge. (1) When plaintiff received notice of the cancellation of the contract, it was its dnty to stop right then and there, and if any damages had been sustained up to that time, it was entitled to recover them. We invoke the well-known principle of law, that it is the duty of a party to a contract to prevent by all reasonable effort the accumulation of damages. State ex rel. v. Harrington, 44 Mo.
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Appeal from Jackson Circuit Court. — How. E. P. Gates, Judge. (1) When plaintiff received notice of the cancellation of the contract, it was its dnty to stop right then and there, and if any damages had been sustained up to that time, it was entitled to recover them. We invoke the well-known principle of law, that it is the duty of a party to a contract to prevent by all reasonable effort the accumulation of damages. State ex rel. v. Harrington, 44 Mo. App. 297; Lawson v. Price, 2 Law & Eq. Rep. 426; Crescent Mfg. Co. v. Nelson Mfg. Co., 100 Mo. 325; Railroad v. Mihlman, 17 Kas. 224; Sedgwick…
1Opinion of the CourtSmith, P. J.
The defendant addressed a written ■proposition to the plaintiff which was by the latter accepted, and thereby became a binding contract between' them, to the effect following:
*214“Kansas City, Mo.,. Jan. 11, 1897.
“Messrs. William E. Peck & Company,
62 & 64 William Street, New York.
“Gentlemen:
“Please insert our illustrations, descriptions, lists, etc., to occupy in
“Peck’s Export Purchase Index.
(Copyrighted.)
1-4 page English and Spanish editions, for full year term, and thereafter until forbidden.
“1. We will within ten days furnish to your order matter, cuts, etc., subject to your approval, for…
2Cases cited12 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Pond v. WymanSupreme Court of Missouri · 1851
- Bean v. MillerSupreme Court of Missouri · 1879
- Boland v. Glendale Quarry Co.Supreme Court of Missouri · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tradesman Co. v. Superior Manufacturing Co.Michigan Supreme Court · 1907
- Barron G. Collier, Inc. v. KindySupreme Court of Minnesota · 1920
- Lips v. OppSupreme Court of Kansas · 1939
- Southern Indiana Railway Co. v. DrennenIndiana Court of Appeals · 1909
- Allen v. FieldCourt of Appeals for the Second Circuit · 1904
5 more not listed; retrieve them via the Exa API.