Chapman v. Kansas City, Clinton & Springfield Railroad
Supreme Court of Missouri
Appeal from Dade Circuit Cotvrt.—Hon. D. P. Stratton, Judge. (1) This action is one at law, based upon a contract sued upon, introduced in evidence and relied upon by plaintiffs, which contract provides, “that the ties are to be subject to inspection by any inspector ■defendant might be pleased to furnish.”
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Appeal from Dade Circuit Cotvrt.—Hon. D. P. Stratton, Judge. (1) This action is one at law, based upon a contract sued upon, introduced in evidence and relied upon by plaintiffs, which contract provides, “that the ties are to be subject to inspection by any inspector ■defendant might be pleased to furnish.” Plaintiffs themselves testified that defendants accepted' and paid for all the ties that passed inspection; therefore plaintiffs cannot recover on said second assigned breach. Pierce on Eailroad Law, 381; Wood v. Railroad, 39 Eed. Eep. 52; Railroad v. Bradley 44 N. W. Eep. (Minn.) 1;…
1Opinion of the CourtBlack, P. J.
This is a suit to recover damages for an alleged breach of contract. The defendant railroad company, acting through its agent, H. P. Jacques, and William Chapman acting for himself, executed the following contract on January 26, 1886:
“Memorandum of agreement made with William Chapman, of Osceola, Missouri. ' The Kansas City, Clinton & Springfield Railroad Company agrees to take from William Chapman, during the year 1886, two hundred thousand ties, seven and eight-inch specifications. The eight-inch ties to be forty cents each, and the seven-inch ties to be thirty-five cents each, on right of…
2Cases cited5 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- McAvoy v. LongIllinois Supreme Court · 1851
- Dinsmore v. Livingston CountySupreme Court of Missouri · 1875
- Neenan v. DonoghueSupreme Court of Missouri · 1872
3Cited by23 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Neill v. GatesSupreme Court of Missouri · 1899
- Southwest Engineering Co. v. Reorganized School District R-9Missouri Court of Appeals · 1968
- Myers v. Union Electric Light & Power Co.Supreme Court of Missouri · 1933
- Chapman v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1898
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