Lewis v. Imhof
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. L. J. Eastin, Judge. A delivery of goods by vendor to a carrier for shipment direct to vendee is a delivery to the purchaser. Therefore, when plaintiff delivered the goods sued for to the express company and billed them direct to defendants, plaintiff had performed his part of the contract and became entitled to recover purchase price of the goods from defendants.- Bloom’s Son & Co. v. Haas, 130 Mo.
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Appeal from Buchanan Circuit Court. — Eon. L. J. Eastin, Judge. A delivery of goods by vendor to a carrier for shipment direct to vendee is a delivery to the purchaser. Therefore, when plaintiff delivered the goods sued for to the express company and billed them direct to defendants, plaintiff had performed his part of the contract and became entitled to recover purchase price of the goods from defendants.- Bloom’s Son & Co. v. Haas, 130 Mo. App. 122, 108 S. W. 1078; Graff v. Foster, 67 Mo. 520; Drug Co. v. McMahan, 50 MG'. App. 25; Milling Co. v. Stanley, 132 Mo. App. 308; Hague v. Porter, 3…
1Opinion of the CourtJohnson, J.
— Action on an account for goods sold and delivered by plaintiff, a wholesale merchant in New York, to defendants, retail merchants in St. Joseph. The defens'e is that the goods were not delivered. The case was tried to the court on an agreed statement of facts and judgment was entered for defendants. Plaintiff appealed. The agreed statement of facts is as follows:
1. The plaintiffs are merchants doing business in the city of New York, and the defendants are partners engaged in business in the city of St. Joseph, Missouri, and both parties were so engaged in business at all times herein…
2Cases cited4 opinions
- Bloom's Son Co. v. HaasMissouri Court of Appeals · 1908
- Hunter Bros. Milling Co. v. StanleyMissouri Court of Appeals · 1908
- Meyer Bros. Drug Co. v. McMahanMissouri Court of Appeals · 1892
- Townsend & Wyatt Dry Goods Co. v. United States Express Co.Missouri Court of Appeals · 1908
3Cited by4 opinions
- Miller v. . HarveyNew York Court of Appeals · 1917
- Hoffman v. Wisconsin Lumber Co.Missouri Court of Appeals · 1921
- Mountain Grove Grocery Co. v. EllisonMissouri Court of Appeals · 1922
- Semler v. SchmickerUnited States District Court · 1944