International Text-Book Co. v. Schwickrath
| Citation | 179 S.W. 723 |
| Decision Date | 01 November 1915 |
| Docket Number | No. 11451.,11451. |
| Parties | INTERNATIONAL TEXT-BOOK CO. v. SCHWICKRATH. |
| Court | Court of Appeal of Missouri (US) |
Appeal from Circuit Court, Jackson County; A. C. Southern, Judge.
"Not to be officially published."
Action by the International Text-Book Company against Andrew Schwickrath. Judgment for defendant, and plaintiff appeals. Affirmed.
Stubenrauch & Hartz, of Kansas City, for appellant. Metcalf, Brady & Sherman, of Kansas City, for respondent.
This action is based on a written contract whereby for $109.60 plaintiff was to furnish defendant with a scholarship in the International Correspondence Schools entitling him to a course of "instruction in E. A. D. complete electrical engineering," the instruction being given by correspondence, including instruction papers, examination questions, drawing plates, and corrected work. The contract provided that these should be sent to him through the mails. Defendant paid $10 in cash, and was to pay plaintiff the balance in monthly installments of $5 each. The case was tried without a jury, and the court found for defendant; that result being reached by the court's finding that plaintiff had failed to comply with its contract. The evidence fully sustains this conclusion of the court. The court declared the law to be that, as plaintiff had not furnished defendant any instruction papers, plaintiff should have performed the conditions precedent and concurrent of the contract on its part before it would be entitled to recover.
Plaintiff has discussed, at some length, the difference and distinction between dependent, independent, and concurrent covenants, but we have not been impressed with the application of the argument or the authorities cited. The case could scarcely be more simple. Plaintiff agreed to do certain things, for which it was to be paid certain sums. There was evidence tending to support the court's finding, and that is the end of the matter.
The judgment, being manifestly for the right party, is affirmed. All concur.
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