Rogers v. Rehard
Missouri Court of Appeals
Appeal from Olay Circuit Court. — Hon. Joshua W. Alexander, Judge. Under the contract, two reputable, experienced telephone men, to be selected by P. M. Gilchrist, Willis Chowning and H. C. Shepherd, were to inventory the wire sold, and their inventory is final in the absence of fraud, misconduct or bad faith. It cannot be attacked merely on the ground of error.
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Appeal from Olay Circuit Court. — Hon. Joshua W. Alexander, Judge. Under the contract, two reputable, experienced telephone men, to be selected by P. M. Gilchrist, Willis Chowning and H. C. Shepherd, were to inventory the wire sold, and their inventory is final in the absence of fraud, misconduct or bad faith. It cannot be attacked merely on the ground of error. Chapman v. Railroad, 114 Mo. 549; M'cAvoy v. Long, 13 111. 147; Railroad v. Marsh, 114 U. S. 549; Kihlberg v. U. S., 97 U. S. 398; Del Bondio v. Packing Co'., 79 Mo. App. 470; Nofsinger v. Ring, 71 Mo. 149; Williams v. Railroad, 153…
1Opinion of the CourtBroaddus, P. J.
The plaintiffs’ suit is to recover from the defendants the amount alleged to have been overpaid by them to defendant on the purchase price of a certain telephone plant. The contract of sale was evidenced by the folloAving written contract:
“Know all Men by These Presents :
“That we, A. L. Rehard and T. J. Campbell, owners of the Clover Leaf Telephone Company of Lathrop, Clinton county, Mo., parties of the first part, and N. M‘. Rogers and the Clinton County Mutual Telephone Company, parties of the second part, witnesseth:
“That the parties of the first part have this day sold to the parties of…
2Cases cited8 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Chapman v. Kansas City, Clinton & Springfield RailroadSupreme Court of Missouri · 1893
- Norton v. BohartSupreme Court of Missouri · 1891
- Davis v. KrumMissouri Court of Appeals · 1882
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3Cited by4 opinions
- Massman Construction Co. v. Lake Lotawana Ass'nMissouri Court of Appeals · 1948
- Bartlett & Company, Grain v. The Merchants Company, the Merchants Company v. Bartlett& Company, GrainCourt of Appeals for the Fifth Circuit · 1963
- The Merchants Company v. Bartlett and Company, GrainCourt of Appeals for the Fifth Circuit · 1965
- The Merchants Company v. Bartlett and Company, GrainCourt of Appeals for the Fifth Circuit · 1965