Rexite Casting Co. v. Midwest Mower Corp.

267 S.W.2d 327 (1954)

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Rexite Casting Co. v. Midwest Mower Corp.

Missouri Court of Appeals
267 S.W.2d 327 (1954)

RW

Facts

In 1947, Rexite Casting Company (plaintiff) agreed to make molds and castings for 100,000 lawnmowers that Midwest Mower Corporation (Midwest) (defendant) had contracted to sell its customers at a fixed price. In 1948, after delivering about 20,000 molds and castings, Rexite informed Midwest in writing that due to an unforeseeable increase in metal costs, Rexite could continue delivering castings only if Midwest paid about 50 percent more to receive them. Midwest went on buying molds and castings from Rexite and paying the higher price for the castings until 1949, when Midwest found another supplier and quit dealing with Rexite. Rexite sued to recover the value of molds it had delivered to Midwest, but for which Midwest had not paid. The trial judge directed the jury’s verdict for Midwest, and Rexite appealed to the Missouri Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Houser, Comm’r.)

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