Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri, Band 39E. W. Stephens., 1890 |
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affidavit affirmed aforesaid agent alleged applied assignment bank bill of exceptions cause of action charged circuit court Circuit Court.-HON claim contract corporation counsel county court court erred Court of Appeals creditors damages debt deed of trust defendant defendant's delivered the opinion dramshop Duperow easement election entitled equity error ex rel fact February 17 filed Fort Scott Greene county Howell county hundred dollars indictment instruction number interpleader Jerico Springs judges concur judgment jurisdiction justice Kansas City Court land liability Louis Court ment Missouri mortgage motion negligence notice offense option law paid party payment person petition plaintiff plaintiff in error possession proof purchase question R. S. sec Railroad Company reason record recover refused remanded rents replevin respondent reversed Revised Statutes ROMBAUER rule Schell City suit supreme court testified testimony thereof tion trial court verdict witness
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Seite 514 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Seite 514 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation...
Seite 336 - But where the mistake is of so fundamental a character, that the minds of the parties have never, in fact, met ; or where an unconscionable advantage has been gained, by mere mistake or misapprehension ; and there ^was no gross negligence on the part of the plaintiff, either in falling into the error, or in not sooner claiming redress ; and no intervening rights have accrued ; and the parties may still be placed in statu quo ; equity will interfere, in its discretion, in order to prevent intolerable...
Seite 514 - Now if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Seite 409 - After examining the authorities, the court in that case lays down this general conclusion : '.That whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort to any Opinion of the Court. source of information which. in its nature is capable of conveying to the judicial mind a clear and satisfactory answer to such question ; always seeking,...
Seite 361 - Witnesseth, that the said party of the first part, for and in consideration of the sum of One ($1.00) Dollars to him paid by the party of the second part...
Seite 668 - ... shall, from the time of filing the same with the recorder for record, impart notice to all persons of the contents thereof, and subsequent purchasers and mortgagees shall be deemed to purchase and take with notice.
Seite 126 - The grand jurors of the State of Missouri, within and for the body of the city of St. Louis, now here in court, duly impaneled, sworn, and charged, upon their oath present, That David W.