Brevard v. Wimberly
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James Tilford Neville, Judge. STATEMENT OE THE CASE. Plaintiff liad a contract with the Government of the United States, whereby he was bound to transport all mail matter of the United States on route No. 445006 at Springfield, Missouri, from August 1, 1899, to June 30, 1903, inclusive, at such times and upon such schedules as the postmaster-general might direct.
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Appeal from Greene Circuit Court. — Hon. James Tilford Neville, Judge. STATEMENT OE THE CASE. Plaintiff liad a contract with the Government of the United States, whereby he was bound to transport all mail matter of the United States on route No. 445006 at Springfield, Missouri, from August 1, 1899, to June 30, 1903, inclusive, at such times and upon such schedules as the postmaster-general might direct. On July 15, 1899, plaintiff sublet his contract to defendant Wimberly, who, with the other defendants as sureties, made and entered into the following written agreement under seal.…
1Opinion of the CourtBland, P. J.
The principal question presented for decision is, whether the $1,000 stipulated to be paid for a failure to perform the mail services, contracted to be performed by Wimberly, is a penalty or stipulated damages. The parties expressly stipulated that the sum of $1,000, for a failure or refusal on Wimberly's part to perform the mail service, should become immediately due as liquidated damages and not as a penalty. In Morse v. Rathburn, 42 Mo. l. c. 601, the authorities were examined, and the general rule derived from them was announced to be, “that when an agreement contains several distinct…
2Cases cited5 opinions
- May v. CrawfordSupreme Court of Missouri · 1899
- Fulkerson v. EadsMissouri Court of Appeals · 1885
- Hamaker v. SchroersSupreme Court of Missouri · 1872
- Weber v. SquierMissouri Court of Appeals · 1892
- Dulaney v. St. Louis Sugar Refining Co.Missouri Court of Appeals · 1890
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