Legal Opinion

Brewington v. Mesker

Missouri Court of Appeals

Decided November 22, 1892PublishedCited by 13 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The judgment for plaintiff being upon a petition for price of goods sold and delivered presupposes a completed delivery, and cannot stand on appeal taken where the record shows that the goods were never in fact accepted by the defendants. Atwood v. Lucas, 53 Me. 508; s. o., 89 Am. Dec. 713; Fvans v. Harris, 19 Barb. 416; Brecheisen v. Coffey, 15 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The judgment for plaintiff being upon a petition for price of goods sold and delivered presupposes a completed delivery, and cannot stand on appeal taken where the record shows that the goods were never in fact accepted by the defendants. Atwood v. Lucas, 53 Me. 508; s. o., 89 Am. Dec. 713; Fvans v. Harris, 19 Barb. 416; Brecheisen v. Coffey, 15 Mo. App. 84; Le Grato v. Elmore, 50 N. Y. 1, quoted with approval in Sumner v. Rogers, 90 Mo. 330; Price v. Railroad, 40 Mo. App. 189. The defendants were not obliged to…

1Opinion of the CourtRombatjer, P. J.

The plaintiff recovered judgment for $680.47, for balance and interest claimed to be due to him from the defendants on the following account for goods sold and delivered:

Bill No. 4 press.......................................‡1000.00

Bill No. 6 lathe....................................... 262.50

Bill 38............................................. 87.50

Bill ctwg. leading.................................... 15.00

Bill die............................................ 309.90

$1674.00

Credit by cash.......................................... 1000.00

Balance.................................................…

2Cases cited1 opinion

  1. Deutmann v. KilpatrickMissouri Court of Appeals · 1891

3Cited by13 opinions

  1. Computer Network, Ltd. v. Purcell Tire & Rubber Co.Missouri Court of Appeals · 1988
  2. Shofler v. JordanMissouri Court of Appeals · 1955
  3. MacY v. DayMissouri Court of Appeals · 1961
  4. Peet v. RandolphMissouri Court of Appeals · 2000
  5. Hudson v. Columbian Transfer Co.Michigan Supreme Court · 1904

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