Whitmore v. Coats
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. STATEMENT OP THE CASE. This was an action Upon a contract for the delivery of 3000 bushels of barley by respondent to appellants : the contract was to the following effect, viz : John L. Coates agrees to deliver at St. Louis, Mo., to George Pegram if Co., 3000 bushels prime barley, within the space of 30 days from October 20th, 1849 — they, George Pegram & Co., agreeing to pay for said barley one dollar per bushel.
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APPEAL from St. Louis Court of Common Pleas. STATEMENT OP THE CASE. This was an action Upon a contract for the delivery of 3000 bushels of barley by respondent to appellants : the contract was to the following effect, viz : John L. Coates agrees to deliver at St. Louis, Mo., to George Pegram if Co., 3000 bushels prime barley, within the space of 30 days from October 20th, 1849 — they, George Pegram & Co., agreeing to pay for said barley one dollar per bushel. This contract was in writing signed by the parties. The plaintiff in his petition sets forth the contract and alleges that within the…
1Opinion of the CourtRyland, Judge
From the statement, it will appear that the instructions, which the *15eourt gave for the plaintiffs below, afford the only question, which will demand our consideration.
This was a contract, for the delivery of 3000 bushels of ‘‘prime bailey.” The main question before the court and jury below was in relation to the words “prime barley.”
There was testimony tending to show the distinctions used among merchants in the quality of barley. There were choice, prime, good, fair and inferior. The proof showed that the first quality was called choice; the next prime, &c. These distinctions were clearly…
2Cited by14 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- Northrup v. CookSupreme Court of Missouri · 1866
- Griffith v. Kansas City Material & Construction Co.Missouri Court of Appeals · 1891
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