SECURITY STOVE & MFG. CO. V. AMERICAN RY. EXPRESS CO.
227 Mo.App. 175, 51 S.W.2d 572 (1932)
NATURE OF THE CASE: This is a damage action for a breach of contract in the transport of a furnace. American (D) appealed from a judgment in favor of Security (P) in a breach of contract claim.
FACTS: Security (P) manufactured a special combination oil and gas burner for exhibit at a trade show. P rented a booth at a trade show and then engaged American (D) to ship the unit to Atlantic City for that trade show. D was aware that time was of the essence. There were 21 packages and of which only 20 reached the destination. The missing package contained the gas manifold and of course that part was not available in Atlantic City and it was the most important part of the exhibit. The package never arrived in time. P sued D. The trial court gave the judgment to P for $801.50 and interest. D appealed; P was not entitled to expenses as damages and was only entitled to loss of profits.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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