Southwestern Freight & Cotton Press Co. v. Stanard
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The facts are fully set out in the opinion of the court. I. As the right' and title of the appellant to the flour in controversy is derived from Lamb & Quinlin, the main question is, was there a sufficient sale and delivery by the respondent to them, in construction of law ? The delivery of this order by the defendant (the seller) to Lamb & Quinlin (the purchasers) was a delivery of the property.
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Appeal from St. Louis Circuit Court. The facts are fully set out in the opinion of the court. I. As the right' and title of the appellant to the flour in controversy is derived from Lamb & Quinlin, the main question is, was there a sufficient sale and delivery by the respondent to them, in construction of law ? The delivery of this order by the defendant (the seller) to Lamb & Quinlin (the purchasers) was a delivery of the property. The law does not require manual delivery, especially in the case of ponderous or bulky articles ; and if the goods be placed in the power of the buyer, or his…
1Opinion of the CourtWagner, Judge
Plaintiff brought its action against the defendant for the conversion of two hundred barrels of flour. The defendant was the owner of a steam flouring mill in the city of St. Louis ; and in the latter part of September, 1867, he was at the Merchants’ Exchange, and entered into an agreement with Lamb & Quinlin, then merchants of that city, to sell them two hundred barrels of flour, of the brand “Eagle Steam,” at the price of thirteen dollars per barrel. The flour had to be made ready for delivery, and a day was fixed on which it was to bo delivered, which was a few days subsequent to the…
2Cases cited11 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- M'Donald v. HewettNew York Supreme Court · 1818
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Roget v. MerritNew York Supreme Court · 1804
- Outwater v. DodgeNew York Supreme Court · 1827
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3Cited by50 opinions
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Conrad v. FisherMissouri Court of Appeals · 1889
- McElwee v. Metropolitan Lumber Co.Court of Appeals for the Sixth Circuit · 1895
- Baker v. J. W. McMurry Contracting Co.Supreme Court of Missouri · 1920
- Kimball v. BrawnerSupreme Court of Missouri · 1871
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