Delventhal v. Jones
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. The evidence of defendant’s claim was inadmissible. The mere delivery of the sacks by plaintiffs to defendant was no acceptance or receipt of the goods purchased, nor was any such part performance by either party, as could take the case out of the statute of frauds.
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Appeal from St. Charles Circuit Court. I. The evidence of defendant’s claim was inadmissible. The mere delivery of the sacks by plaintiffs to defendant was no acceptance or receipt of the goods purchased, nor was any such part performance by either party, as could take the case out of the statute of frauds. (W. S., 657, § 6 ; Iiarvey vs. Butcher’s Ass’n., 39 Mo., 211; Cunningham vs. Ashbrook, 20 Mo., 562; Hatch vs. Bayley, 12 Cush., 27.) I. The delivery of the sacks by plaintiffs to defendant was sufficient to take the case out of the statute of frauds. II. The depositions were properly…
1Opinion of the CourtSherwood, Judge
The plaintiffs brought suit before a justice of the peace against the defendant, on an account for $26.70 for sacks sold and delivered to him.
He admitted the correctness of the demand, but set up as an off-set thereto, that he had sold to plaintiffs 500 bushels of oats, at 40 cents per bushel; that they were to furnish the sacks in which to place the oats, and that the oats were then to be delivered to plaintiffs; that the sacks were thus furnished and filled with the oats, but plaintiffs, upon the oats being hauled to the point agreed upon, declined and refused to accept the same, by which…
2Cases cited4 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Kirby v. JohnsonSupreme Court of Missouri · 1856
- Harvey v. St. Louis Butchers' Joint Stock & Benevolent Ass'nSupreme Court of Missouri · 1866
- Lovelace v. StewartSupreme Court of Missouri · 1856
3Cited by12 opinions
- Empire District Electric Co. v. JohnstonMissouri Court of Appeals · 1954
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Traber v. HicksSupreme Court of Missouri · 1895
- Pratt v. MillerSupreme Court of Missouri · 1891
- State ex rel. Johnson v. DunnSupreme Court of Missouri · 1875
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