Laclede Power Co. v. Assigned Estate of Ennis Stationery Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. This was a contract of conditional sale and the vendor (the power company), as to the vendee, or its general assignee, had the option on default of retaking the motors into its possession or bringing suit for the contract price. Reach on Contracts, sec. 138; Mfg. Oo. v. Culp, 85 Mo. 548; Farmer v. Moore, 73 Mo. App. 527; Columbus Buggy Co. v. Hord, 65 Mo. App. 41; In re Wilcox & Howe Co., 39 Atl.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. This was a contract of conditional sale and the vendor (the power company), as to the vendee, or its general assignee, had the option on default of retaking the motors into its possession or bringing suit for the contract price. Reach on Contracts, sec. 138; Mfg. Oo. v. Culp, 85 Mo. 548; Farmer v. Moore, 73 Mo. App. 527; Columbus Buggy Co. v. Hord, 65 Mo. App. 41; In re Wilcox & Howe Co., 39 Atl. Rep. 163; National Cash Register v. Woodbury, Ibid. 168. The company’s intention to rescind not having been carried into…
1Opinion of the CourtBond, J.
Plaintiff and the assignor of the defendant entered into the following contract:
(In Duplicate.) “St. Louis, March 23, 1896.
“It is hereby agreed by the Ennis Stationery Company to purchase from the Laclede Power Company of St. Louis the following motors: (Here follows a description of motors).
“Theamount to be paid for thesemotors to besixteenhun-. dred dollars ($1,600) payable as follows: Three hundred dollars ($300) to be paid April 1st by note due July 1st, 1896, one hundred dollars ($100) payable October 1st, 1896, and notes for twelve hundred dollars ($1,200), one hundred dollars ($100)…
2Cases cited10 opinions
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
- Seanor & Bierer v. McLaughlinSupreme Court of Pennsylvania · 1895
- Cole v. HinesCourt of Appeals of Maryland · 1895
- Loomis v. BraggSupreme Court of Connecticut · 1882
- Dowdell v. Empire Furniture & Lumber Co.Supreme Court of Alabama · 1887
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