Pugsley v. Ozark Cooperage & Lumber Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. George• G. Hitchcock, Judge. (1) The contract was not an executed one, hut. merely an agreement to purchase at a future time, so that the measure of the plaintiff’s recovery was not the purchase price, hut rather the difference between that and the market price at the time and place of delivery.
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Appeal from St. Louis City Circuit Court. — Row. George• G. Hitchcock, Judge. (1) The contract was not an executed one, hut. merely an agreement to purchase at a future time, so that the measure of the plaintiff’s recovery was not the purchase price, hut rather the difference between that and the market price at the time and place of delivery. Hence, it was error to give the plaintiff’s third instruction and to rule out the defendant’s evidence on market price. 1 Mechem, Sales, sec. 501; 1 Benj. Sales (Am. notes), secs. 353-7; Brock v. O’Donneli, 45 N. J. L. 441; s. c. 49 N. J. L. 230; El.…
1Opinion of the CourtReynolds, P. J.
This is an action on a written contract for the sale of 400,000' barrel hoops. The petition is in two counts, the first Claiming $511.41, said to be the balance due on 330,000 hoops, the second claiming $507.50, said to be due on account of failure and refusal to accept and pay for 70',000 hoops. The contract given in evidence, in substance, sets out that plaintiff, in consideration of one dollar, to it in hand paid by defendant, “agree to sell” to defendant and the latter “agrees to purchase” from plaintiff, 400,000 six-foot hoops at $7.25 per thousand, and, to quote from the contract, “it…
2Cases cited8 opinions
- State ex rel. St. Louis Dressed Beef & Provision Co. v. NixonSupreme Court of Missouri · 1911
- Sanguinette v. Mississippi River & Bonne Terre Railway Co.Supreme Court of Missouri · 1906
- Fenn v. ReberMissouri Court of Appeals · 1910
- Glass v. Blazer Bros.Missouri Court of Appeals · 1902
- State v. RevelySupreme Court of Missouri · 1898
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