Brimm v. Alexander
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Eon. E. B. Sham, Tudge. (1) The contract or memorandum offered in evidence contained all the essential terms of a complete contract, to-wit: First, the parties; second, the subject-matter; third, the price; fourth, time and place and manner of payment; fifth, time and place of delivery. Darnell v. Lafferty, 113 Mo.
Read the full summary
Appeal from Pettis Circuit Court. — Eon. E. B. Sham, Tudge. (1) The contract or memorandum offered in evidence contained all the essential terms of a complete contract, to-wit: First, the parties; second, the subject-matter; third, the price; fourth, time and place and manner of payment; fifth, time and place of delivery. Darnell v. Lafferty, 113 Mo. App. 282. (2) If the time of delivery is not specifically specified and not agreed upon, then the law will construe a reasonable time. Smith v. Schell, 82 LIo. 215. (3) Joint obligees in a contract must all join as parties plaintiff. Clark v.…
1Opinion of the CourtJohnson, J.
This is an action to recover damages resulting from the alleged breach by the vendor of a contract for the sale and delivery of 2000 bushels, of potatoes. At the close of the evidence of plaintiffs the court directed a verdict for defendant, plaintiffs took an involuntary nonsuit, with leave to move to set the same aside, and after their motion to set it aside was overruled, brought the case to this court by appeal.
Eespondent has filed no statement and brief, and the case is before us on the abstract of the record and statement and brief of appellants, from which it appears that the demurrer…
2Cases cited3 opinions
- Huff v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1908
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Downs v. Racine-Sattley Co.Missouri Court of Appeals · 1914
3Cited by2 opinions
- State v. WhipkeySupreme Court of Missouri · 1951
- Dierickx v. DavisIndiana Court of Appeals · 1922