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· 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 CourtListener

Sourced 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.