Gaunt, Maupin & Co. v. C. H. Pries & Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Tke instruction referred to in the opinion, as excepted to, and, therefore, the only one noticed in the opinion, is as follows “In determining what is meant by the term merchantable measurement, ■ among persons dealing in the kind of lumber in question, you will include in that class of persons not only those who buy and sell, but, also, those who buy and manufacture the same.”
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Tke instruction referred to in the opinion, as excepted to, and, therefore, the only one noticed in the opinion, is as follows “In determining what is meant by the term merchantable measurement, ■ among persons dealing in the kind of lumber in question, you will include in that class of persons not only those who buy and sell, but, also, those who buy and manufacture the same.” I. It was improper to exclude the testimony of witnesses in regard to the price of the different grades of walnut lumber in the market at Kansas City, at the…
1Opinion of the CourtEllison, J.
— This suit was begun before a justice of the peace for walnut lumber sold to defendants on the following letter which was in answer to one from plaintiffs :
“We buy at present, one inch walnut lumber, good log run, at forty-five dollars, delivered at our factory, merchantable measurement, but don’t like too much of thicker than one inch, because we can have all table and bed post we want at thirty-five dollars. If those prices do suit you, you may ship.”
The verdict was for defendant in the circuit court, .and plaintiff brings the case here.
The greater portion of the lumber was paid for and…
2Cases cited2 opinions
- Whitmore v. CoatsSupreme Court of Missouri · 1851
- Blair v. CorbySupreme Court of Missouri · 1866
3Cited by1 opinion
- Jenkins v. Springfield Reduction & Chemical Co.Missouri Court of Appeals · 1913