Wall v. St. Joseph Artesian Ice & Cold Storage Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) No contract to ship the cans at any specified time was concluded between these parties by the correspondence which took place on February 14, February 16 and February 19. Beach on Modern Law of Contracts (1 Ed.), 67; Bruner v. Wheaton, 46 Mo. 366; Robinson y. Railroad, 75 Mo. 498; Strange v. Crowley, 91 Mo. 287; James y. Fruit Jar Co., 69 Mo.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) No contract to ship the cans at any specified time was concluded between these parties by the correspondence which took place on February 14, February 16 and February 19. Beach on Modern Law of Contracts (1 Ed.), 67; Bruner v. Wheaton, 46 Mo. 366; Robinson y. Railroad, 75 Mo. 498; Strange v. Crowley, 91 Mo. 287; James y. Fruit Jar Co., 69 Mo. App. 213; Williams v. Railroad, 153 Mo. 488. (2) The court erred in holding that defendant’s letters of April 8 and April 15 did not constitute a waiver. Chalice v. Witte, 81 Mo. App.…
1Opinion of the Court
'JOHNSON, J.
Defendant, a manufacturer of ice at St. Joseph, ordered of plaintiffs, in business at Alleghany, Pa., manufacturing supplies for such factories, 750 metallic ice cans for use in the making of ice. The cans were delivered but *662payment of the contract price was not made because of damages claimed by defendant on account of plaintiffs’ failure to deliver in the time agreed. Suit was brought by plaintiffs on April 80,1903, as upon an account for goods sold and delivered. Defendant admitted in its answer the purchase and delivery of the articles but alleged that plaintiffs expressly…
2Cases cited13 opinions
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Hammer v. SchœnfelderWisconsin Supreme Court · 1879
- Redlands Orange Growers' Ass'n v. GormanSupreme Court of Missouri · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Scullin Steel Co. v. Mississippi Valley Iron Co.Supreme Court of Missouri · 1925
- Carroll v. HassellMissouri Court of Appeals · 1912
- Hefernan v. NeumondMissouri Court of Appeals · 1918
- Peak v. International Harvester Co. of AmericaMissouri Court of Appeals · 1916
- Corby Supply Co. v. ThompsonMissouri Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.