Kirkeby v. White
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division Number Two. — Hon. D. E. Blair, Judge. (1) The plaintiff was a foreign corporation engaged in doing business in tbis State in violation of the provisions of sections 3038 and 3039, R. S. 1909. Parke Davis & Co. v. Mullett, 149 S. W. 462; Fay Fruit Co. v. McKinney Bros. & Co., 103 Mo.
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Appeal from Jasper Circuit Court, Division Number Two. — Hon. D. E. Blair, Judge. (1) The plaintiff was a foreign corporation engaged in doing business in tbis State in violation of the provisions of sections 3038 and 3039, R. S. 1909. Parke Davis & Co. v. Mullett, 149 S. W. 462; Fay Fruit Co. v. McKinney Bros. & Co., 103 Mo. App. 304. (2) Time is of the essence of the contract, and plaintiff failed to show compliance with the stipulations as to the time of shipment. 1 Beach Mod. Law of Contracts, sec. 783; Orange Growers’ Assn. v. Gorman, 161 Mo. 211; 35. Cyc. 175-178; Ledon v. Havemeyer, 24…
1Concurrence
CONCURRING OPINION.
STURGIS, J.
Having some doubt as to construing the contract mentioned to be one of Avhich time is not of the essence, noting that it is a mercantile contract and the rather strong language used, I pre*634fer to base my concurrence in affirming the judgment on the following grounds:
It is unquestioned that, prior to the time for shipping the onion sets in question, the defendants positively and unequivocally cancelled and repudiated the contract by notifying the plaintiff that they would not receive, pay for or have anything to do with the onion sets if shipped, and forbidding…
2Cases cited5 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Koenig v. Truscott Boat Manufacturing Co.Missouri Court of Appeals · 1911
- Laswell v. National Handle Co.Missouri Court of Appeals · 1910
- Oehler v. Conrad Schopp Fruit Co.Missouri Court of Appeals · 1912