Ozark Lumber Co. v. Chicago Lumber Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Bamey, Judge. (1) A delivery to the railroad company, to be shipped by the usual channel, was a delivery to respondent. The telegrams show that the word “delivered” has reference to the price alone.
Read the full summary
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Bamey, Judge. (1) A delivery to the railroad company, to be shipped by the usual channel, was a delivery to respondent. The telegrams show that the word “delivered” has reference to the price alone. Glasgow v. Micholson, 25 Mo. 29; Comstock v. Ajfoellin, 50 Mo. 411; Graff v. Foster, 67 Mo. 512. (2) In an action for the contract price of goods, sold on written contract, where vendor has performed, he can recover as the damages the contract price, where vendee refuses to complete contract on his part by refusing to pay for goods. Crawford…
1Opinion of the CourtGill, J.
This case is submitted here on the following agreed statement: “That plaintiff, ‘the Ozark Lumber Company/ at Winona, Missouri, sold by written contract to the defendant, ‘the Chicago Lumber Company/ one carload of lumber, the contract of sale being the following telegrams:
“ ‘St. Joseph, Mo., February 14, 1890.
“ ‘To Osarle Lumber Company, Winona, Mo.:
“ ‘Ship one carload four-inch clear flooring, sixteen feet, seventeen-fifty, delivered. Wire if can All.
“ ‘Chicago Lumber Company.’
“To which plaintiff replied as follows:
“ ‘Winona, Mo., February 15, 1890.
“ ‘Chicago Lrnnber Company, St. Joseph,…
2Cases cited3 opinions
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
- Anderson v. FrankMissouri Court of Appeals · 1891
3Cited by7 opinions
- St. Louis Range Co. v. Kline-Drummond Mercantile Co.Missouri Court of Appeals · 1906
- Rastetter v. ReynoldsIndiana Supreme Court · 1903
- Brigham v. HibbardOregon Supreme Court · 1896
- Campbell v. WoodsMissouri Court of Appeals · 1907
- Kinkead v. LynchU.S. Circuit Court for the District of Nevada · 1904
2 more not listed; retrieve them via the Exa API.