Syme-Eagle & Co. v. Joplin Grocer Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court.— Hon. Joseph D. Perkins, Judge. (1) The following oases hold that a rescission must be in toto, and that a party cannot affirm a contract in part and repudiate it in part.
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Appeal from the Jasper Circuit Court.— Hon. Joseph D. Perkins, Judge. (1) The following oases hold that a rescission must be in toto, and that a party cannot affirm a contract in part and repudiate it in part. Hunter v. Slenbach, 17 G-a. 243; Bell v. Keep, 39 Kan. 105, 17 Pac. 785; Grimes v. Sanders, 93 U. S. 51; Brill v. Rock, 23 S. W. 511; Barrie v. -Earl, 143 Mass. 1, 8 N. E. 639; Merrill v. "Wilson, 66 Mich. 232, 33 N. W. 716; Estes v. Reynolds, 75 Mo. 563; Burnham v. Spooner, 10 N. H. 532; Butler v. Prentiss, 36 N. Y. Sup. 301. (2) The following cases hold that the filing of suit is an…
1Opinion of the CourtBradley, J.
This cause is in equity to rescind a contract and to recover the amount paid thereunder for a shipment of canned corn. Plaintiff prevailed and defendant appealed.
Plaintiff, a wholesale grocer of Chicago, alleges that on July 29, 1916, defendant, a wholesale grocer of Joplin, Missouri, entered into a contract with the Forest City Canning Company of Forest City, Iowa, whereby the Canning company sold and defendant purchased 2000 cases of canned corn, each case containing 2 dozen cans. The price was 624 cents per dozen cans, f. o. b. factory at Forest City. This contract is set out in…
Also in this document: Concurrence.
2Cases cited7 opinions
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Taylor v. ShortSupreme Court of Missouri · 1891
- National Bank of Commerce v. American Exchange BankSupreme Court of Missouri · 1899
- Martin v. Ashland Mill Co.Missouri Court of Appeals · 1892
- Rigler v. ReidMissouri Court of Appeals · 1914
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3Cited by4 opinions
- Witte v. Cooke Tractor Co.Missouri Court of Appeals · 1953
- Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
- Southwestern Cooperage Co. v. KivlenCourt of Appeals of Texas · 1924
- Herrington v. Julius Seidel Lumber Co.Missouri Court of Appeals · 1922