Neil v. Cunningham Store Co.
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) The law is that the measure of damages in such cases is the difference' between the actual value of the article sold and the price charged therefor. at the place of delivery to the vendee. Black River Lbr. Co. v. Warner, 93 Mo. 374; Whitmore v. Coates, 14 Mo. 9; Rickey v. Tenbroek, 63 Mo. 563; Kingsland v. Iron Co., 29 Mo. App. 526; Holly v. Railroad, 34 Mo. App. 302; Hayner v. Churchill, 29 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) The law is that the measure of damages in such cases is the difference' between the actual value of the article sold and the price charged therefor. at the place of delivery to the vendee. Black River Lbr. Co. v. Warner, 93 Mo. 374; Whitmore v. Coates, 14 Mo. 9; Rickey v. Tenbroek, 63 Mo. 563; Kingsland v. Iron Co., 29 Mo. App. 526; Holly v. Railroad, 34 Mo. App. 302; Hayner v. Churchill, 29 Mo. App. 676; Miles v. Withers, 76 Mo. App. 91. (2) This court will no more disturb the finding of a court sitting as a trier of fact,…
1Opinion of the CourtGray, J.
This case originated in the circuit court of Pemiscot county in March, 1908. Plaintiffs allege that in November, 1907, they purchased of the defendant two carloads of corn which were thereafter to be loaded by the defendant and shipped as ordered by plaintiffs; that the corn so purchased was to be good, sound, merchantable corn, defendant knowing at the time that the corn was to be placed on the market and sold by plaintiffs; that the plaintiffs did not personally inspect the corn, but relied on the defendant to load the cars with the quality of corn purchased; that the carloads of corn Avere…
2Cases cited27 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Kinney v. MurraySupreme Court of Missouri · 1902
- Nugent v. Kauffman Milling Co.Supreme Court of Missouri · 1895
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Walpole v. Prefab Manufacturing Co.California Court of Appeal · 1951
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1911
- National Warehouse & Storage Co. v. ToomeyMissouri Court of Appeals · 1914
- Dawson v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1917
4 more not listed; retrieve them via the Exa API.