Famechon v. Devore
Missouri Court of Appeals
Appeal from Greene County Circu.it Court. — Hon. Guy D. Kirby, Judge. The position taken by the trial judge, on which he bases his judgment, is wholly untenable. When appellant offered to take out the extra weight, as soon as he could ascertain respondent’s reason for the refusal, and to reduce the draft, he complied strictly with every-condition of his contract. The'general offer to reduce the draft covered the little detail or item of the freight on the overage.
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Appeal from Greene County Circu.it Court. — Hon. Guy D. Kirby, Judge. The position taken by the trial judge, on which he bases his judgment, is wholly untenable. When appellant offered to take out the extra weight, as soon as he could ascertain respondent’s reason for the refusal, and to reduce the draft, he complied strictly with every-condition of his contract. The'general offer to reduce the draft covered the little detail or item of the freight on the overage. That item was not thought of by respondent and was not taken'into account by him in the rejection. The broad, general offer to…
1Concurrence
CONCURRING OPINION.
FARRINGTON, J.
For my purpose the facts are sufficiently stated in the opinions of my associates and need hot again be set forth except as they enter into and form a part of the discussion. It is because a dissenting opinion has been prepared that I desire to support the affirmance of the judgment in a separate opinion.
There are certain duties that courtesy require; certain others that politeness require; and many that are required as moral duties. But in the relations existing between or among individuals, courts cannot enforce judgments and take money from one and give it…
2Cases cited6 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Pierce Steam Heating Co. v. A. Siegel Gas Fixture Co.Missouri Court of Appeals · 1895
- Landesman v. GumersellMissouri Court of Appeals · 1885
- Knox v. SchoenthalNew York Supreme Court · 1891
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