Glasgow Milling Co. v. Burgher
Missouri Court of Appeals
Appeal from Schuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) Defendant contended that the flour should be delivered to him on the payment of cash, and that plaintiff had agreed to pay the freight. Title does not pass on a cash delivery sale till the cash is paid, or in other words until the goods are accepted by the vendee, and the cash paid. Com. Co. v. Bank, 116 Mo. 569; Freight Co. v. Standard, 44 Mo. 71; Commission Co. v. Railroad, 72 Mo.
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Appeal from Schuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) Defendant contended that the flour should be delivered to him on the payment of cash, and that plaintiff had agreed to pay the freight. Title does not pass on a cash delivery sale till the cash is paid, or in other words until the goods are accepted by the vendee, and the cash paid. Com. Co. v. Bank, 116 Mo. 569; Freight Co. v. Standard, 44 Mo. 71; Commission Co. v. Railroad, 72 Mo. App. 437; State v. Brewing Co., 32 Mo. App. 276; Johnston v. Parrot & Barnes, 92 Mo. App. 199. (2) There is an implied warranty that the…
1Opinion of the CourtEllison, J.
Plaintiff’s cause of action, as stated in the petition, is founded on its sale to defendant of a lot of flour and meal for the sum of $222.75 and that defendant afterwards refused to receive or pay for it. The trial court gave a peremptory instruction to the jury to return a verdict for the plaintiff and the defendant has brought the case to this court.
It appears that defendant is a merchant at Coats-ville and plaintiff is a milling company at Glasgow, Missouri; these places being about eighty miles from each other and that they are connected by the Wabash railway. Defendant made the…
2Cases cited8 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Boyd v. PaulSupreme Court of Missouri · 1894
- Peycke Bros. v. AhrensMissouri Court of Appeals · 1903
- I. H. Van Idour & Co. v. NelsonMissouri Court of Appeals · 1895
- Martin v. Ashland Mill Co.Missouri Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McIntyre v. Kansas City Coca Cola Bottling Co.District Court, W.D. Missouri · 1949
- Rosenberg v. Gas Service CompanyMissouri Court of Appeals · 1962
- Leesley Bros v. A. Rebori Fruit Co.Missouri Court of Appeals · 1912
- Carter v. Western Tie & Timber Co.Missouri Court of Appeals · 1914
- Cuthbertson v. E. B. Hayes MacHinery Co.Court of Appeals of Texas · 1920
1 more not listed; retrieve them via the Exa API.