Holten-Warren Lumber Co. v. Miller
Missouri Court of Appeals
Apjoeal from the Barton Circuit' Court. — Hon. Daniel P. Stratton, Judge. STATEMENT OF THE CASE BY GILL, J. In 1888 and 1889 plaintiffs were engaged in tlie hay and grain business at Seymour, Missouri, and defendant was engaged in the sáme business at Lamar, Missouri. During those two years plaintiffs bought large quantities of hay from defendant, which was always delivered to plaintiffs f. o. b.
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Apjoeal from the Barton Circuit' Court. — Hon. Daniel P. Stratton, Judge. STATEMENT OF THE CASE BY GILL, J. In 1888 and 1889 plaintiffs were engaged in tlie hay and grain business at Seymour, Missouri, and defendant was engaged in the sáme business at Lamar, Missouri. During those two years plaintiffs bought large quantities of hay from defendant, which was always delivered to plaintiffs f. o. b. (free on board) the cars at point of shipment, in Barton county, Missouri, and shipped according to directions given by plaintiffs, sometimes to one point and sometimes to others.' Payments therefor…
1Opinion of the CourtGill, J.
The main, if not the sole, reasons urged for reversal relate to the court’s instructions. Some of these, too, are subject to technical criticism, which we will notice later on. But we do not think the objections of sufficient importance to justify a reversal of the judgment. As will be seen from the foregoing statement, each party made claims against the other— the plaintiffs seeking to recover damages on account of eight car loads of spoiled hay which they had bought from defendant and paid for as good hay; while defendant denied the hay was bad and set up an adverse claim for three carloads…
2Cases cited2 opinions
- Feurt v. AmbroseMissouri Court of Appeals · 1889
- Bunker v. HiblerMissouri Court of Appeals · 1892
3Cited by2 opinions
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- J. W. Tipton Cotton Co. v. ClaytonMissouri Court of Appeals · 1936