Friday, December 27, 2013

Security Stove & Mfg. Co. v. American Railway Express Co. case brief

Security Stove & Mfg. Co. v. American Railway Express Co. case brief summary
51 S.W.2d572 (1932)

CASE SYNOPSIS
Defendant appealed from the Circuit Court of Jackson County (Missouri) which entered judgment in favor of plaintiff in a breach of contract claim.

CASE FACTS
Plaintiff manufactured a furnace and wanted to exhibit it at a convention and employed defendant to ship the furnace. She made arrangements for the exhibit, such as renting space and booking a hotel room. Plaintiff also advised defendant of the purpose of the shipment. Defendant assured plaintiff it would arrive before a specific date, but failed to deliver the shipment on time. Judgment was entered in favor of plaintiff. Defendant appealed, alleging that plaintiff could only recover for loss of profits, which there was no evidence of, and not for expenses incurred.

DISCUSSION

  • On appeal, the court affirmed, finding the damages plaintiff suffered were in contemplation of defendant performing its contract and plaintiff relied on defendant to perform the contract after advising of the purpose of the shipment. 
  • Thus, judgment in favor of plaintiff for the damages incurred in lost expenses, which grew out of the breach of contract, was proper.

CONCLUSION
The court affirmed judgment in favor of plaintiff for expenses incurred, since the injury plaintiff suffered was in contemplation of defendant performing its contract and plaintiff relied on defendant to perform the contract after advising of the purpose of the shipment.


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