just and equitable rule (Missouri) · Go Syfert
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just and equitable rule in Missouri

7 Missouri opinions name it 2 courts 1894–1987 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Judd & Detweiler, Inc. v. Gittingsgreen
cadc · 1915 · cited in 1 Missouri opinions naming this issue, 1987–1987
1 sentence

1987In Judd & Detweiler, Inc. v. Gittings, 43 App.D.C. 304, 310-311 (1915), it was held that the just and equitable rule is that in the absence of express notice to the contrary, court officials may safely regard themselves as dealing with the attorney, instead of with the client.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Quest v. Johnson neutral
moctapp · 1894
1 sentence

1938In the case of Quest v. Johnson, 58 Mo. App. 54 , l.c. 60, this court, in an action to cancel tax bills issued for street improvements, had under consideration charter provisions similar to the provisions of Section 6841, just noted, and said with regard to the purpose of such provisions: "We think it was the manifest purpose of the charter amendment of 1889 to bring work of this kind, and the rights of the parties interested therein, within reach of the just and equitable rule so often applied to other building contracts — that is, that although the work has not been done with material of the

11938–1938
Lovejoy v. Murray green
scotus · 1866
2 sentences

1911Such is the just and equitable rule of decision. [See Page v. Freeman, 19 Mo. 421 ; Love joy v. Murray, 3 Wall. 1 , 70 U. S. 1 .] In accord with these principles, it is obvious the precepts of natural justice alone require that plaintiff’s recovery, if any, against Walker should be diminished to the extent he has been mitigated by Naxera, for though there be no release, such payments by one tortfeasor, are available pro tanto to the use of the other as a matter of mitigation in the final award of damages accrued because of the tort of both.

1911Such is the just and equitable rule of decision. [See Page v. Freeman, 19 Mo. 421 ; Love joy v. Murray, 3 Wall. 1 , 70 U. S. 1 .] In accord with these principles, it is obvious the precepts of natural justice alone require that plaintiff’s recovery, if any, against Walker should be diminished to the extent he has been mitigated by Naxera, for though there be no release, such payments by one tortfeasor, are available pro tanto to the use of the other as a matter of mitigation in the final award of damages accrued because of the tort of both.

11911–1911
Page v. Freeman neutral
mo · 1854
1 sentence

1911Such is the just and equitable rule of decision. [See Page v. Freeman, 19 Mo. 421 ; Love joy v. Murray, 3 Wall. 1 , 70 U. S. 1 .] In accord with these principles, it is obvious the precepts of natural justice alone require that plaintiff’s recovery, if any, against Walker should be diminished to the extent he has been mitigated by Naxera, for though there be no release, such payments by one tortfeasor, are available pro tanto to the use of the other as a matter of mitigation in the final award of damages accrued because of the tort of both.

11911–1911
Cole v. Armour green
mo · 1900
2 sentences

1906The law deems his readiness and willingness to perform the contract as equivalent to performance, and he maj at the end of the contract period sue on the contract for the contract price which, however, may be offset by such sums as the employee has earned in other service or which he could have earned by accepting an offer of employment within the line of his occupation. [Pond v. Wyman, 15 Mo. 176 .] This is a just and equitable rule as applied to breaches of contract for personal service but for obvious reasons should not be applied' to contracts, which the complaining party had no power to p

1906The law deems his readiness and willingness to perform the contract as equivalent to performance, and he maj at the end of the contract period sue on the contract for the contract price which, however, may be offset by such sums as the employee has earned in other service or which he could have earned by accepting an offer of employment within the line of his occupation. [Pond v. Wyman, 15 Mo. 176 .] This is a just and equitable rule as applied to breaches of contract for personal service but for obvious reasons should not be applied' to contracts, which the complaining party had no power to p

11906–1906
De Groff v. . American Linen Thread Company neutral
ny · 1860
1 sentence

1905Linen Thread Co., 21 N. Y. 124 .] The proper conception of the just and equitable rule applicable to this subject, entertained by the courts of this country, is very clearly manifested in Steam Navigation Co. v. Weed, 17 Barb. 378 .

11905–1905
Steam Navigation Co. v. Weed neutral
nysupct · 1853
1 sentence

1905Linen Thread Co., 21 N. Y. 124 .] The proper conception of the just and equitable rule applicable to this subject, entertained by the courts of this country, is very clearly manifested in Steam Navigation Co. v. Weed, 17 Barb. 378 .

11905–1905
Yeats v. Ballentine green
mo · 1874
1 sentence

1894Yeats v. Ballentine, 56 Mo. 530 , and cases cited.

11894–1894
Williams v. Edwards neutral
mo · 1887
1 sentence

1894In Williams v. Edwards, supra, it was held that if the agent, with whom the contract was made, was dead, the other party was excluded as a witness under the statute.

11894–1894

Where else courts name it

NY 8 (1839–1932) CA 7 (1877–2017) MO 7 (1894–1987) LA 4 (1866–2013) MN 3 (1885–2014) AL 3 (1932–2001) WA 3 (1905–2025) MD 2 (1895–1956) WI 2 (1981–1992) OR 2 (1929–1946) IN 2 (1874–1892)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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