Crown Vinegar & Spice Co. v. Wehrs
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Co%wt.—Hon. Daniel Dillon, Judge. The measure of damages in this case was not the difference between the contract price and the market value, as decided by the trial court, but was the contract price of the property, $120. This court has frequently so held, Dobbins v. Edmonds, 18 Mo. App.. 307; Barrie v. Seidel, 30 Mo. App. 559-562; Anderson v. Frank, 45 Mo. App. 486; Ozark L. Co. v. Chicago L. Co., 51 Mo. App. 555; Stumpfv.
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Appeal from the St. Louis City Circuit Co%wt.—Hon. Daniel Dillon, Judge. The measure of damages in this case was not the difference between the contract price and the market value, as decided by the trial court, but was the contract price of the property, $120. This court has frequently so held, Dobbins v. Edmonds, 18 Mo. App.. 307; Barrie v. Seidel, 30 Mo. App. 559-562; Anderson v. Frank, 45 Mo. App. 486; Ozark L. Co. v. Chicago L. Co., 51 Mo. App. 555; Stumpfv. Mueller, 17 Mo. App. 289. In an action for goods sold and delivered, proof of a mere executory agreement to sell is not sufficient.…
1Opinion of the CourtRombauer, P. J.
The plaintiff, by its authorized agent, entered into a contract with the defendant which is evidenced by the following bought and sold note:
“January 7, 1891.
“We herewith agree to furnish you with 50 grain white wine vinegar, free from assit, and guaranteed strictly pure, at 10 cents per gallon true (sic) the year 1891, not less than 25 barrels to be taken.
“Sold by F. C. Fender and bought by H. Wehrs.”
The plaintiff was ready and willing to deliver the twenty-five barrels of vinegar at any time within the *495year 1891, but the defendant declined to take them. At the close of the year 1891, the…
2Cases cited9 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Pond v. WymanSupreme Court of Missouri · 1851
- Anderson v. FrankMissouri Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Oehler v. Conrad Schopp Fruit Co.Missouri Court of Appeals · 1912
- Weber Motor Car Co. v. RobertsMissouri Court of Appeals · 1920
- Bond v. BourkSupreme Court of Colorado · 1912
2 more not listed; retrieve them via the Exa API.