Atkins Brothers Co. v. Southern Grain Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brivniback, Judge. (1) There was an implied warranty that the corn wns merchantable and reasonably fit for the nses to which it was ordinarily put. Benjamin on Sales (3 Amer. Ed. by Bennett), sec. 345; 2 Mechem on Sales, sec. 1340. Brewing Co-, v. McEnroe, 80 Mo-. App. 429; Babcock v. Trice, 18 111. 420; Brown v. Emersin, 60 Mo. App. 63; Grain Co. v. Benbaker, 89 Mo.
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Appeal from Jackson Circuit Court. — Hon. Hermann Brivniback, Judge. (1) There was an implied warranty that the corn wns merchantable and reasonably fit for the nses to which it was ordinarily put. Benjamin on Sales (3 Amer. Ed. by Bennett), sec. 345; 2 Mechem on Sales, sec. 1340. Brewing Co-, v. McEnroe, 80 Mo-. App. 429; Babcock v. Trice, 18 111. 420; Brown v. Emersin, 60 Mo. App. 63; Grain Co. v. Benbaker, 89 Mo. App. 1; Haner v. Churchill, 29 Mo-. App. 676. (2) It makes no difference if plaintiff did accept the corn before inspection of the same. The only office of inspection in executory…
1Opinion of the CourtEllison, J.
Plaintiff resides at Shreveport, Louisiana, and defendant at Kansas City, Missouri, and both were dealers in grain. Plaintiff ordered of defendant a carload of corn, the agreement therefor being evidenced by the following letter written and sent to the former by the latter, viz.:
“We have booked your order as per your wire of today for one car of corn in shuck at 47 l-2c per bu., delivered at Shreveport, our certificate of weight to be accepted as final. The corn will be loaded and gotten to destination as promptly as railroad facilities will permit, but with the understanding that as we do…
2Cases cited9 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Brigg v. . HiltonNew York Court of Appeals · 1885
- State ex rel. Peters v. McCollisterOhio Supreme Court · 1841
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Babcock v. TriceIllinois Supreme Court · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
- McIntyre v. Kansas City Coca Cola Bottling Co.District Court, W.D. Missouri · 1949
- Ely v. Wichita Natural Gas Co.Supreme Court of Kansas · 1916
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
- Glasgow Milling Co. v. BurgherMissouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.