Lindsborg Milling & Elevator Co. v. Danzero
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Son. Guy D. Kirby, Judge. (1) The contract being in writing and definite in its terms and calling for “Golden Eagle,” a well known brand of flour manufactured by plaintiff, there was no implied warranty that the flour was suitable for the defendant’s purpose, and plaintiff complied with the contract by sending “Golden Eagle” flour.
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Appeal from Greene County Circuit Court. — Son. Guy D. Kirby, Judge. (1) The contract being in writing and definite in its terms and calling for “Golden Eagle,” a well known brand of flour manufactured by plaintiff, there was no implied warranty that the flour was suitable for the defendant’s purpose, and plaintiff complied with the contract by sending “Golden Eagle” flour. Mechem on Sales, sec. 1349; Benjamin on Sales, sec. 657; Parsons on Contracts, sec. 589; 35 Cye., secs. 400-4; Jones v. Just, L. R., 3 Q. B. 197, Leading case; Marks v. Williams Cooperage Co., 103 S. W. 20; Fairbanks,…
1Opinion of the CourtRobertson, P. J.
Plaintiff instituted this fiction to recover damages on account of defendant’s alleged failure to comply with a contract to purchase flour. The defendant answered alleging plaintiff’s failure to comply with the contract and asked damages by way of a counterclaim. A trial, without a jury, re-*157suited in a finding of facts upon which a judgment was entered denying each of the parties any relief sought under their respective pleadings, and both parties have appealed.
The parties entered into a written contract at Springfield, this State, under date of August 12, 1912, stating that the plaintiff, of…
2Cases cited4 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Mark v. H. D. Williams Cooperage Co.Supreme Court of Missouri · 1907
- Ungerer & Co. v. Louis Maull Cheese & Fish Co.Missouri Court of Appeals · 1911
- Skinner v. Kerwin Ornamental Glass Co.Missouri Court of Appeals · 1903
3Cited by5 opinions
- London Guarantee & Accident Co. v. Strait Scale Co.Supreme Court of Missouri · 1929
- Coleman v. DuncanMissouri Court of Appeals · 1976
- Barton v. DowisSupreme Court of Missouri · 1926
- McNeil & Higgins Co. v. Czarnikow-Rienda Co.District Court, S.D. New York · 1921
- Progressive Finance and Realty Co. v. StempelMissouri Court of Appeals · 1936