Cluley-Miller Coal Co. v. Freund Packing & Manufacturing Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Non. Henry M. Barney, Judge. The title passed when the coal was delivered at the mine, no matter what carrier was chosen, and upon presentation of 'draft respondent became liable under its contract. 1 Benjamin on Sales (1884 Ed.), 466, see. 517. The contract in this case was what is termed in legal terms a “sale,” and the interpretation of the contract depends upon intention of the parties, and the intention of the parties means there…
Read the full summary
Appeal from Buchanan Circuit Court. — Non. Henry M. Barney, Judge. The title passed when the coal was delivered at the mine, no matter what carrier was chosen, and upon presentation of 'draft respondent became liable under its contract. 1 Benjamin on Sales (1884 Ed.), 466, see. 517. The contract in this case was what is termed in legal terms a “sale,” and the interpretation of the contract depends upon intention of the parties, and the intention of the parties means there should be a Rock Island delivery. Freeland v. Mitchell, 8 Mo. 487; Railroad v. Insurance Co., 49 U. S. 759; Hayden v.…
1Opinion of the CourtJohnson, J.
— Plaintiff brought this suit to recover the purchase price of two cars of coal which the petition alleges were sold and delivered to defendant. The answer is a general denial and the defense is that the evidence of plaintiff fails to show a delivery of the coal ■in accordance with the terms of the contract of sale. A jury was waived, evidence was introduced by plaintiff, but no evidence was offered by defendant. After holding the case under advisement, the court sustained a demurrer to the evidence and rendered judgment for defendant. Plaintiff appealed.
Plaintiff is a corporation engaged in…
2Cases cited1 opinion
- Union Pac. Ry. Co. v. Travelers' Ins.Court of Appeals for the Eighth Circuit · 1897
3Cited by4 opinions
- St. Louis Union Trust Co. v. Van RaalteMissouri Court of Appeals · 1924
- Watson Fireproof Window Co. v. Henry Weiss Cornice Co.Missouri Court of Appeals · 1914
- Dick v. RiddleMissouri Court of Appeals · 1909
- Indianapolis Abattoir Co. v. Penn Beef Co.Indiana Court of Appeals · 1924