Switzer & Switzer v. Connett
Supreme Court of Missouri
APPEAL from St. Louis Court of Common. Pleas. Statement of the Case. This was assumpsit in the St Louis Court of Common Pleas by Connett vs. the Switzers’, a mercantile firm at St. Louis. Connett in May, 1844, put into the hands of the Switzer’s a quantity of bale rope and packing yarn, to be sold on commission at a limit of six and abalf cents pes pound.
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APPEAL from St. Louis Court of Common. Pleas. Statement of the Case. This was assumpsit in the St Louis Court of Common Pleas by Connett vs. the Switzers’, a mercantile firm at St. Louis. Connett in May, 1844, put into the hands of the Switzer’s a quantity of bale rope and packing yarn, to be sold on commission at a limit of six and abalf cents pes pound. It was sold for less, but at this best market price at the time, and at as high a price acceda' have been gotten for it any time from the day it was received, down to near the time of trial. It was sold in January and February, 1845, at New…
1Opinion of the CourtMcBride, J.
No question arises as to the defendants liability to the plaintiff, as his agent for the sale of the bale rope and packing yarn; but to what extent is he liable, for having sold for a less price than that fixed by his instructions, although the sale was at the highest market price at the time it was made. The defendant insists, that the market price of the articles sold, at the time of sale, is to be the measure of damages; whilst the plaintiff contends, that having instructed him not to sell for less than six and a half cents per pound, he is liable for that sum, although it was not the…
2Cases cited1 opinion
- Pope v. BarrettU.S. Circuit Court for the District of Massachusetts · 1816
3Cited by5 opinions
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- F. G. Barton Cotton Co. v. VardeleMissouri Court of Appeals · 1925
- Haynes v. CarpenterMissouri Court of Appeals · 1900
- Rechtscherd v. Accommodation BankSupreme Court of Missouri · 1870