Oehler v. Conrad Schopp Fruit Co.
Missouri Court of Appeals
Appeal from St, Louis City Circuit Court . — Hon. George H. Shields, Judge. (1) The document filed as an exhibit to the petition and read in evidence is no contract. As plaintiff sues for breach of a contract she must prove a contract between herself and defendant, and as she failed to do this the instructions asked by defendant to the effect that she could not recover should have been given. Const. Co. v. Iron Works, 169 Mo. 137; Cole v. Armour, 154 Mo. 333; Const.
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Appeal from St, Louis City Circuit Court . — Hon. George H. Shields, Judge. (1) The document filed as an exhibit to the petition and read in evidence is no contract. As plaintiff sues for breach of a contract she must prove a contract between herself and defendant, and as she failed to do this the instructions asked by defendant to the effect that she could not recover should have been given. Const. Co. v. Iron Works, 169 Mo. 137; Cole v. Armour, 154 Mo. 333; Const. Co. v. Wrecking Co., 137 Mo. App. 392; Taylor v. Sebastian, 138 S. W. 549. (2) Plaintiff’s first instruction is erroneous…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through the breach of a contract of sale of personal property. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff owned two orchards in Wayne county, Illinois, and sold such of the apples therein as were sound and as much as two and one-half inches in diameter and over to defendant for the agreed price of forty cents per hundredweight or twenty cents a bushel. Defendant accepted a portion of the apples but the remainder it rejected, .and the suit proceeds fox the purchase price as though the apples rejected by defendant were sound…
2Cases cited12 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Pearson v. MasonMassachusetts Supreme Judicial Court · 1876
- St. Louis Range Co. v. Kline-Drummond Mercantile Co.Missouri Court of Appeals · 1906
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3Cited by5 opinions
- J. E. Stewart Produce Co. v. Gamble Robinson Commission Co.Missouri Court of Appeals · 1915
- Klein v. JohnsonMissouri Court of Appeals · 1915
- Weber Motor Car Co. v. RobertsMissouri Court of Appeals · 1920
- Roaring Fork Potato Growers' Ass'n v. C. C. Clemens Produce Co.Missouri Court of Appeals · 1914
- Kirkeby v. WhiteMissouri Court of Appeals · 1913