Outcault Advertising Co. v. Wilson
Missouri Court of Appeals
Appeal from Montgomery Circuit Court.-^-Hon. James D. Barnett, Judge. (1) The contract, in the case was complete, between the plaintiff and defendant, when signed, delivered and excepted, and the defendant cannot escape his liability for the agreed price and value of the goods purchased, by his refusal to receive them after they arrived at New Florence, on the 27th day of January, 1912. Price v. Atkinson, 117 Mo.
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Appeal from Montgomery Circuit Court.-^-Hon. James D. Barnett, Judge. (1) The contract, in the case was complete, between the plaintiff and defendant, when signed, delivered and excepted, and the defendant cannot escape his liability for the agreed price and value of the goods purchased, by his refusal to receive them after they arrived at New Florence, on the 27th day of January, 1912. Price v. Atkinson, 117 Mo. App. 52. (2) A breach of a contract that does not go to the whole conditions of the contract, will not authorize a rescission of the contract, where such breach can be compensated…
1Opinion of the CourtAllen, J.
— This is an action to recover the sum of $109.20 claimed to be due plaintiff corporation under an alleged contract between the parties. The trial, before the court and a jury, resulted in a verdict and judgment for defendant, and plaintiff appeals.
Plaintiff is located in the city of Chicago, and engaged in the advertising business, and defendant is a merchant doing business in New Florence, Missouri. On January 16, 1912, the defendant, at the solicitation of one Elliott, a travelling salesman for plaintiff, signed the following paper, which was forwarded to plaintiff’s.Chicago office, viz.:
“T…
2Cases cited5 opinions
- Price v. AtkinsonMissouri Court of Appeals · 1906
- Frederick v. WilloughbyMissouri Court of Appeals · 1909
- Cal Hirsch & Sons Iron & Rail Co. v. Paragould & Memphis RailroadMissouri Court of Appeals · 1910
- Sarran v. RichardsMissouri Court of Appeals · 1910
- Kenyon Printing & Manufacturing Co. v. Barnsley Bros. Cutlery Co.Missouri Court of Appeals · 1910
3Cited by3 opinions
- Novelty Advertising Co. v. Farmers Mutual Tobacco Warehouse Co.Supreme Court of North Carolina · 1923
- Mathey v. Louis G. Freeman Co.Massachusetts Supreme Judicial Court · 1936
- G. H. Deaton & Co. v. Tarkio Molasses Feed Co.Missouri Court of Appeals · 1925