Rosenblatt v. Townsley
Supreme Court of Missouri
Appeal from. Pettis Circuit Court. — Hon. W. T. Wood, Judge. The goods were selected and set apart, the prices agreed upon, a bill made out, and two of the articles delivered on Sunday. The remainder, it was agreed, were to be delivered the next day, which was done accordingly. The two articles delivered at the time were handed to a friend of defendants who was present, that he might show them to his wife who wanted such goods. cited Wag.
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Appeal from. Pettis Circuit Court. — Hon. W. T. Wood, Judge. The goods were selected and set apart, the prices agreed upon, a bill made out, and two of the articles delivered on Sunday. The remainder, it was agreed, were to be delivered the next day, which was done accordingly. The two articles delivered at the time were handed to a friend of defendants who was present, that he might show them to his wife who wanted such goods. cited Wag. Stat., 504, § 35; Parks v. Hall, 2 Pick. 206; Shurtleff v. Willard, 19 Pick. 202 ; Legg v. Willard, 17 Pick. 140; Cartwright v. Phoenix, 7 Cal. 281; Means…
1Opinion of the CourtHough, J.
Although the prices of the articles set out in the account sued on, were agreed upon on Sunday, the contract of sale was not completed until the day following, when the goods were delivered. It cannot, therefore, be regarded as a contract made on Sunday. Lyon v. Strong, 6 Vt. 219; Adams v. Gay, 19 Vt. 358; Lovejoy v. Whipple, 18 Vt. 379; Smith v. Bean, 15 N. H. 577; Mason v. Thompson, 18 Pick. 305; Hening v. Powell, 33 Mo. 468; Fritsch v. Heislen, 40 Mo. 555; Luebbering v. Oberkoetter, 1 Mo. App. 399; Gwinn v. Simes, 61 Mo. 335; Benjamin on Sales, § 557.
The contract was, in its nature, a…
2Cases cited7 opinions
- Adams v. GaySupreme Court of Vermont · 1847
- Lyon v. StrongSupreme Court of Vermont · 1834
- Lovejoy v. WhippleSupreme Court of Vermont · 1846
- Gwinn v. SimesSupreme Court of Missouri · 1875
- Hening v. PowellSupreme Court of Missouri · 1863
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3Cited by2 opinions
- McCullough v. SmithCourt of Appeals for the Eighth Circuit · 1917
- P. J. Bowlin Liquor Co. v. BrandenburgSupreme Court of Iowa · 1906