Fairbanks , Morse & Co. v. Midvale Mining & Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. John A. Blevins, Judge. (1) The trial court should have sustained the objection of defendant to the introduction of any testimony. Failing to do this, the court should have given the instruction in the nature of a demurrer to the evidence at the end of plaintiff’s case, (a) Plaintiff on its part complied with all the terms of the contract sued on. "Weber v. Ins. Co., 5 Mo. App. 51; Parks v. Heman, 7 Mo. App. 18; McNees v. Ins.
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Appeal from St. Louis City Circuit Court. — Row. John A. Blevins, Judge. (1) The trial court should have sustained the objection of defendant to the introduction of any testimony. Failing to do this, the court should have given the instruction in the nature of a demurrer to the evidence at the end of plaintiff’s case, (a) Plaintiff on its part complied with all the terms of the contract sued on. "Weber v. Ins. Co., 5 Mo. App. 51; Parks v. Heman, 7 Mo. App. 18; McNees v. Ins. Co., 61 Mo. App. 335. (b) The delivery of scale f. o. b. East St. Louis, was a condition precedent to recovery, and…
1Opinion of the CourtBland, P. J.
The parties to the suit are business corporations. Omitting formal parts, the petition is as follows:
*647“For cause of action plaintiff states that heretofore, to-wit, on or about the eleventh day of July, 1901, plaintiff and defendant entered into a contract whereby plaintiff agreed to sell, deliver and erect for defendant one 80 ton 40 ’ Fairbanks standard iron frame railroad track scale, with all latest patent improvements, at and for the sum and price of four hundred and thirty-three ■dollars ($433), which said amount defendant promised and agreed to pay to plaintiff one-third in cash upon…
2Cases cited5 opinions
- Branson v. TurnerSupreme Court of Missouri · 1883
- Basye v. AmbroseSupreme Court of Missouri · 1862
- Southern Lumber Co. v. Mercantile Lumber & Supply Co.Missouri Court of Appeals · 1901
- Earl Fruit Co. v. McKinneyMissouri Court of Appeals · 1896
- Weber v. Union Mutual Life InsuranceMissouri Court of Appeals · 1878
3Cited by6 opinions
- Roaring Fork Potato Growers v. C. C. Clemons Produce Co.Missouri Court of Appeals · 1916
- El Paso Milling Co. v. DavisMissouri Court of Appeals · 1916
- Lodwick Lumber Co. v. E. A. Butt Lumber Co.Supreme Court of Oklahoma · 1913
- Journal Co. v. NelsonMissouri Court of Appeals · 1908
- Redman v. St. Joseph Hay & Grain Co.Missouri Court of Appeals · 1922
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