J. A. Ruhl Clothing Co. v. Singleton
Missouri Court of Appeals
Appeal from Douglas Circuit Court. — Hon. John T. Moore, Judge. (1) The letter written by defendant to plaintiff of date July 22, 1908, and at a time when the good in question were in defendants’ possession and from which defendants were selling, is sufficient to show a promise to pay and a contract for the goods, regardless of the first difference. 2 Beach on Contracts, p. 575, sec. 61; Pub. C'o. v. Emerson, 64 Mo. App. 662; Harp v. Assembly, 127 Mo.
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Appeal from Douglas Circuit Court. — Hon. John T. Moore, Judge. (1) The letter written by defendant to plaintiff of date July 22, 1908, and at a time when the good in question were in defendants’ possession and from which defendants were selling, is sufficient to show a promise to pay and a contract for the goods, regardless of the first difference. 2 Beach on Contracts, p. 575, sec. 61; Pub. C'o. v. Emerson, 64 Mo. App. 662; Harp v. Assembly, 127 Mo. App. 195'; 17 Cyc. 406, 411; 16 Cyc. 945. (2) The defendants will be estopped from rescinding after they have sold the goods and exercised the…
1Opinion of the CourtGray, J.
The appellant, a corporation, was conducting a wholesale clothing house in St. Louis, and the respondents, merchants at Ava, this state, and customers of appellant. In July, 1907, the appellant received from a Mr. Brown, its travelling salesman, what purported to he an order from the defendants for a bill of clothing amounting to $193. The order was filled, shipped to, and received by defendants about August 10th, of that year. Upon receipt of the goods the respondents wrote appellant that they had only ordered six suits' of clothes of certain lot numbers, and at a price of $46.50, and the…
2Cases cited9 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Brown v. . FosterNew York Court of Appeals · 1888
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Foster v. RowleyMichigan Supreme Court · 1896
- Estey Organ Co. v. LehmanWisconsin Supreme Court · 1907
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3Cited by5 opinions
- Scriven v. HechtCourt of Appeals for the Second Circuit · 1923
- Famechon v. DevoreMissouri Court of Appeals · 1914
- Ranney-Davis Merc. Co. v. MorrisSupreme Court of Oklahoma · 1924
- Famechon v. DevoreMissouri Court of Appeals · 1914
- Ferer v. J. H. Haney & Co.Missouri Court of Appeals · 1923