Lingenfelder V. Wainwright Brewing Co.
   HOME

TheInfoList



OR:

''Lingenfelder v. Wainwright Brewing Co.'', 15 S.W. 844 (1891), was a
case Case or CASE may refer to: Containers * Case (goods), a package of related merchandise * Cartridge case or casing, a firearm cartridge component * Bookcase, a piece of furniture used to store books * Briefcase or attaché case, a narrow box to c ...
decided by the Supreme Court of Missouri that held that forgoing a suit for damages for lack of performance on a
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
does not constitute
consideration Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared ...
for a modification of that contract.


Decision

The defendant had contracted to design and supervise the construction of a building for the plaintiff. The defendant refused to complete the project unless he was paid more money, and instead of suing for damages the plaintiff paid the money. The court struck down the modification of the contract because it lacked consideration.Ayres, p. 84


References


External links

United States contract case law 1891 in United States case law Missouri state case law 1891 in Missouri {{Contract-law-stub