Howard v. Smith
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. I. A merchant assenting to sell on orders is not at liberty to disobey them. (Given vs. Lemoine, 35 Mo., 119.) II. If respondent received our order to sell at seventy cents, and telegraphed that they were selling as fast as possible, they should certainly account at that price for all sold after that date.
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Appeal from, St. Louis Circuit Court. I. A merchant assenting to sell on orders is not at liberty to disobey them. (Given vs. Lemoine, 35 Mo., 119.) II. If respondent received our order to sell at seventy cents, and telegraphed that they were selling as fast as possible, they should certainly account at that price for all sold after that date. “There can be no doubt of the proposition, that in a case where the protection of the factor himself becomes necessary, his discretion as to time, price and place of sale would be complete and unlimited even by positive instructions.” (Phillips vs.…
1Opinion of the CourtWagner, Judge
The plaintiffs, who were commission merchants at New Orleans, received in June, 1870, a consignment of 310 sacks of oats from defendant, and also purchased for defendant at his request 2065 sacks of oats in the same month, making in all 2375 sacks, held by plaintiffs from purchase and consignment as factors for defendant and on his account. Plaintiffs made a large advance on the oats consigned to the defendant, and on July 27, 1870, defendant ordered the plaintiffs to sell the oats at sixty-seven cents per bushel or better. That price could not be obtained for the oats in the market, and they…
2Cases cited5 opinions
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
- Feild v. FarringtonSupreme Court of the United States · 1870
- Benny v. RhodesSupreme Court of Missouri · 1853
- Phillips v. ScottSupreme Court of Missouri · 1868
- Blackmar v. . ThomasNew York Court of Appeals · 1863
3Cited by7 opinions
- Connor v. BlackSupreme Court of Missouri · 1893
- Heffner v. Gwynne-Treadwell Cotton Co.Court of Appeals for the Eighth Circuit · 1908
- M. M. Walker Co. v. Dubuque Fruit & Produce Co.Supreme Court of Iowa · 1901
- Columbian National Bank v. WhiteMissouri Court of Appeals · 1896
- H. W. Benedict & Co. v. Inland Grain Co.Missouri Court of Appeals · 1899
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