Legal Opinion

Barnes-Smith Mercantile Co. v. Tate

Missouri Court of Appeals

Decided May 15, 1911PublishedCited by 6 opinions

Appeal from Callaway Circuit Court.—Eon. N. D. Thurmond, Judge.

1Opinion of the CourtJohnson, J.

Plaintiff, a corporation engaged in the jewelry business in St. Louis, sued defendants, merchants doing business in Williamsburg, Callaway county, to recover the purchase price of merchandise sold and delivered. Defendants refused to receive the merchandise, shipped it back and notified plaintiff of their purpose to rescind the sale on the grounds that it was induced by false and fraudulent representations of plaintiffs salesman; that plaintiff altered the written contract of sale after its execution by defendants and without their consent, and that the articles of merchandise delivered were…

2Cases cited1 opinion

  1. Dickey v. PorterSupreme Court of Missouri · 1907

3Cited by6 opinions

  1. Highland Investment Co. v. Kansas City Computing Scales Co.Supreme Court of Missouri · 1919
  2. Murphy v. HolliwayMissouri Court of Appeals · 1929
  3. Harris v. MarshCourt of Appeals for the Eighth Circuit · 1914
  4. Marth v. WiskerchenMissouri Court of Appeals · 1915
  5. Federal Discount Co. v. ReidMissouri Court of Appeals · 1912

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