City of St. Louis ex rel. Carroll-Porter Boiler & Tank Co. v. Parker-Washington Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) Under the contract and specifications in this case plaintiff’s responsibility ceased, so far as the quality and condition of the pipe was concerned, when it had been duly inspected and accepted by the representative of the city of St. Louis. There is no evidence of any particular or substantial injury received by the pipe in the course of transportation.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) Under the contract and specifications in this case plaintiff’s responsibility ceased, so far as the quality and condition of the pipe was concerned, when it had been duly inspected and accepted by the representative of the city of St. Louis. There is no evidence of any particular or substantial injury received by the pipe in the course of transportation. Therefore, the acceptance of the pipe by the city’s representative, after he had duly inspected and tested it, as specified in the contract, terminated all liability or…
1Opinion of the CourtGraves, C. J.
In the lower court this case' was first heard by a referee. This referee made a complete finding of facts, and stated .his conclusions of law. Such referee recommended judgment for relator in the sum of $27,513.85, and to his report both parties filed exceptions. Relator’s exceptions were, by the court, sustained in part and overruled in part. Defendants’ exceptions were overruled in toto. Both sides have appealed.
*234The court 'gave judgment for relator in the sum of $38,441.28. The record recites that the reference was by consent, the order therefor reading:
“Tuesday, January 5, 1909.
“Now at…
Also in this document: Per curiam.
2Cases cited3 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
- Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
3Cited by17 opinions
- United States v. Henke Const. Co.Court of Appeals for the Eighth Circuit · 1946
- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918
- Mecartney v. Guardian Trust Co.Supreme Court of Missouri · 1918
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- National Merchandising Corporation v. McAlpinMissouri Court of Appeals · 1969
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