Legal Opinion

Missouri Pacific Railway Co. v. Peru-Van Zandt Implement Co.

Supreme Court of Kansas

Decided March 10, 1906No. 14,537PublishedCited by 19 opinions

Error from Reno district court; Peter J. Galle, judge: STATEMENT. The Port Huron Engine and Thrasher Company, of Port Huron, Mich., manufactures thrashing-machines and sells them throughout the country through local agents.

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Error from Reno district court; Peter J. Galle, judge: STATEMENT. The Port Huron Engine and Thrasher Company, of Port Huron, Mich., manufactures thrashing-machines and sells them throughout the country through local agents. Its agent at Hutchinson, Kan., is the Peru-Van Zandt Implement Company (defendant in error). By the contract of agency it is the duty of the Peru-Van Zandt company to advertise, introduce and sell the machines to those desiring to purchase, and when a sale is made an order is taken from the purchaser, in writing, directing the Port Huron company to ship the machinery…

1Opinion of the Court

The opinion of the court was delivered by

Graves, J.:

Many assignments of error have been presented, but they; are all substantially covered by these three: (1) It is insisted that thé plaintiff has no interest in the machinery in controversy, and, therefore, cannot maintain an action for its conversion; (2) that the proper measure of damages in case of a recovery is the difference between the market value of the machinery at the time and place of delivery and the market value thereof when it in fact arrived'at such place; (3) that damages'for loss of commission ,cannot be recovered, because a…

2Cases cited12 opinions

  1. Green v. . ClarkeNew York Court of Appeals · 1855
  2. Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1873
  3. Pennsylvania Co. v. PoorIndiana Supreme Court · 1885
  4. Harrington v. KingMassachusetts Supreme Judicial Court · 1876
  5. Pennington v. ThomasonTennessee Supreme Court · 1849

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
  2. Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
  3. Harris v. Van VrankenNorth Dakota Supreme Court · 1915
  4. Collins v. Denver & Rio Grande Railway Co.Missouri Court of Appeals · 1914
  5. Grinnell-Collins Co. v. Illinois Central RailroadSupreme Court of Minnesota · 1910

14 more not listed; retrieve them via the Exa API.

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