Houghtaling v. Ball
Supreme Court of Missouri
Error to St. Louis Circuit Court. 1. There was evidence of a delivery and acceptance which should have gone to the jury. Dodsley v. Varley, 12 Adolph. & Ellis, 634. Elmore v. Stone, 1 Taunt. 458. Story on Sales, §277. Story on Contracts, 513. 2 Kent’s Comm. 499. 2. But if there was no delivery, the contract, having been made in Illinois, was not subject to the operation of our statute of frauds. The lex loci contractus controls.
Read the full summary
Error to St. Louis Circuit Court. 1. There was evidence of a delivery and acceptance which should have gone to the jury. Dodsley v. Varley, 12 Adolph. & Ellis, 634. Elmore v. Stone, 1 Taunt. 458. Story on Sales, §277. Story on Contracts, 513. 2 Kent’s Comm. 499. 2. But if there was no delivery, the contract, having been made in Illinois, was not subject to the operation of our statute of frauds. The lex loci contractus controls. Story’s Con. of Laws, §242 («,) 261, 262, 285. If the defendant claims the protection of an Illinois statute, he must show its existence. The contract established by…
1Opinion of the CourtScott, Judge
The plaintiff’s petition stated that he sold to the defendants two thousand bushels of wheat, at the price of one dollar and five cents per bushel, to be paid for upon the arrival of the wheat at St. Louis, to the agents of the plaintiff; that the wheat was sold to the defendants and delivered to their agent at Chicago, in the state of Illinois, who was to ship the same to St. Louis; that the wheat was shipped to St. Louis, and that the defendants refused to receive it and pay for it. The answer of the defendants denied all the material facts set forth in .the petition. After the plaintiff…
2Cases cited1 opinion
- Wilson v. CockrillSupreme Court of Missouri · 1843
3Cited by15 opinions
- Slaton v. HallSupreme Court of Georgia · 1929
- McPike v. McPikeSupreme Court of Missouri · 1892
- Cochran v. WardIndiana Court of Appeals · 1892
- Franklin Sugar Refining Co. v. LipowiczNew York Court of Appeals · 1928
- Meyer v. McCabeSupreme Court of Missouri · 1880
10 more not listed; retrieve them via the Exa API.