· 10/20/1998
Farmers' Electric Cooperative, Inc. v. Missouri Department of Corrections
Citations
- 977 S.W.2d 266
- 1998 Mo. LEXIS 74
- 1998 WL 727630
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating with respect to “impossibility” defense, “A party cannot by its own act place itself in a position to be unable to perform a contract, then plead that inability to perform as an excuse for nonperformance”
- “The mere fact that the State is the actor does not make an act sovereign for the purpose of subordinating contractual rights.’’
- \The mere fact that the State is the actor does not make an act sovereign for the purpose of subordinating contractual rights.\
- “A party pleading impossibility as a defense must demonstrate that it took virtually every action within its powers to perform its duties under the contract.”
- “Missouri law implies a covenant of good faith and fair dealing in every contract.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.