Schnerr v. Lemp

Decided October 15, 1853

Supreme Court of Missouri · decided 1853-10-15

'Appeal from St. Louis Law Commissioner’s Court. The appellant contends that the law in regard to entire contracts, of which there has been a partial or imperfect performance only, is, that the plaintiff, whose performance was the. condition precedent to the performance of the defendant, cannot ■ recover upon the contract itself, unless performance was prevented by the act of the defendant; bat that, if the defendant has received and enjoyed any benefit from the plaintiff’s…

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Decided 1853-10-15

How this case has been cited

Cited by 9 later decisions — most recently July 1926

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gamble, Judge,

¶1delivered the opinion of the court.

¶21. In the case of Dickson v. Caldwell, decided at the last term, it was held, that where a master hired his slave to another for a year, at a specified price, and without cause took *42him away before the expiration of the time, he could not recover the money which was agreed to be paid at the end of the year for the services. This decision was made under the authority of Posey v. Garth, 7 Mo. Rep. 96. The law thus declared is decisive of the present case. Scknerr engaged to serve Lemp by the year for fixed wages, and before the expiration of the year, without cause or excuse, abandoned the service and refused to perform his contract. lie cannot recover.

¶3The judgment is, with the concurrence of the other judges, affirmed.