Price v. Atkinson
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. Statement. — Plaintiffs are partners doing business under the firm name of the Puritan Manufacturing Company, of Iowa City, in the State of Iowa. They are manufacturers of jewelry and novelties. Defendant is a merchant doing business in the city of Springfield, Missouri.
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Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. Statement. — Plaintiffs are partners doing business under the firm name of the Puritan Manufacturing Company, of Iowa City, in the State of Iowa. They are manufacturers of jewelry and novelties. Defendant is a merchant doing business in the city of Springfield, Missouri. On January 30, 1905, C. L. Turley, plaintiffs’ traveling salesman, presented himself at defendant’s place of business and took from him what purports to be an order for goods of plaintiffs’ manufacture. So much of the order as is pertinent to the issues in the…
1Opinion of the CourtBland, P. J.
(after stating the facts).
1. An acceptance of an order for goods is effectual from the moment the letter of acceptance, properly directed and stamped, is deposited in the post office, or if by wire, the *57moment the telegram is paid, for and delivered to the telegraph company for transmission. But a revocation of an order does not take effect until the letter or telegram revoking the order is actually received, hence defendant’s letter and telegram were too late to revoke the order. The contract, if the order itself was sufficient, was completed by plaintiffs’ acceptance, before the arrival of…
2Cases cited3 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Lindell v. RokesSupreme Court of Missouri · 1875
- Jones v. DurginMissouri Court of Appeals · 1885
3Cited by12 opinions
- Medicine Shoppe International, Inc. v. J-Pral Corp.Missouri Court of Appeals · 1984
- Hirschfeld v. McCullaghOregon Supreme Court · 1912
- Arkansas Valley Town & Land Co. v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1915
- American Institute of Marketing Systems, Inc. v. BrooksMissouri Court of Appeals · 1971
- Gordon v. Emerson Shoe Co.Court of Appeals of Texas · 1922
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