Legal Opinion

Famechon v. Devore

Missouri Court of Appeals

Decided November 5, 1914PublishedCited by 2 opinions

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…

1Opinion of the CourtRobertson, P. J.

Plaintiff sued to recover damages for failure of defendant to accept a car of onions. A trial to the court resulted in a judgment for defendant from which plaintiff appeals. A finding of facts was made by the trial court to which neither side objects. The material part of the testimony is documentary and uncontradicted oral evidence, so that there are only conclusions of law to be drawn therefrom. The defendant ordered from plaintiff, a produce merchant at Minneapolis, 250 crates of a designated kind of onion and enough additional of another kind to make ‘ ‘ lightest minimum car. ’ ’ The car…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Landesman v. GumersellMissouri Court of Appeals · 1885
  2. J. A. Ruhl Clothing Co. v. SingletonMissouri Court of Appeals · 1912

3Cited by2 opinions

  1. Third National Bank v. Yorkshire InsuranceMissouri Court of Appeals · 1924
  2. Glover v. Liverpool & London & Globe InsuranceMissouri Court of Appeals · 1916

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