Drumm-Flato Commission Co. v. Zeb F. Crider Commission Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It was the duty of tbe court to say whether the undisputed facts amounted to a waiver of payment of balance of purchase price under the contract on delivery of the cattle. The cattle were sold for cash on delivery at Norman, Oklahoma Territory. By unconditional delivery, without any demand being made at the time for payment, the seller waived the payment as a condition precedent. Spring Garden Ins.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It was the duty of tbe court to say whether the undisputed facts amounted to a waiver of payment of balance of purchase price under the contract on delivery of the cattle. The cattle were sold for cash on delivery at Norman, Oklahoma Territory. By unconditional delivery, without any demand being made at the time for payment, the seller waived the payment as a condition precedent. Spring Garden Ins. Co. v. Evans, 9 Md. 1; Powell v. Powell, 23 Mo. App. 365; Freight & Cotton Press Co. v. Stanard, 44 Mo. 71; Ober v. Carson, 62 Mo.…
1Opinion of the CourtBrace, P. J.
This is an action for money had and received, in which the plaintiff obtained judgment in the circuit court for $8,141.33, and the defendant' appealed.
On the twentieth of October, 189Y, J. M. Russell of Chickasha, Indian Territory, as party of the first part, and J. P. McMurray of Kansas City, as party of the second part, entered into a contract in writing whereby the said Russell *88sold to the said McMurray á lot of steers, known as the Lanier cattle, upon the following terms and conditions:
“Said caftle to be weighed by said party of the first part on the hoof at II. Kirby’s place on Walnut…
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