J. E. Stewart Produce Co. v. Gamble Robinson Commission Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». J. Hugo Grimm, Judge. (1) When plaintiff shipped to defendant, at Minneapolis, a carload of potatoes such as the contract called for (and the jury so found), when said car was refused plaintiff had three methods of indemnifying itself: First, it could have stored the potatoes for the defendant and sued for the entire purchase price; second, it could sell the potatoes and recover from the defendant the difference between the…
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Appeal from St. Louis City Circuit Court. — No». J. Hugo Grimm, Judge. (1) When plaintiff shipped to defendant, at Minneapolis, a carload of potatoes such as the contract called for (and the jury so found), when said car was refused plaintiff had three methods of indemnifying itself: First, it could have stored the potatoes for the defendant and sued for the entire purchase price; second, it could sell the potatoes and recover from the defendant the difference between the contract price and the net price obtained on such a sale (which it did); third, it could have kept the property and…
1Opinion of the CourtAllen, J.
This is an action for the alleged breach by defendant of a contract for the sale by plaintiff to defendant of a carload of potatoes. There was a verdict below for plaintiff, but the court, on defendant’s motion, set it aside and granted a new trial on the ground that the jury had awarded damages in a sum not warranted by the evidence and contrary to the court’s instruction relative to the measure of damages. Prom the order granting a new trial plaintiff prosecutes this appeal.
Plaintiff is a corporation engaged in the wholesale produce business in the city of St. Louis, and defendant is a…
2Cases cited12 opinions
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- City of De Soto v. American Guaranty Fund Mutual Fire InsuranceMissouri Court of Appeals · 1903
- St. Louis Range Co. v. Kline-Drummond Mercantile Co.Missouri Court of Appeals · 1906
- Millsap v. BeggsMissouri Court of Appeals · 1906
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3Cited by6 opinions
- Switzer v. SwitzerSupreme Court of Missouri · 1964
- Crawford v. DahlenbergMissouri Court of Appeals · 1926
- Klein v. JohnsonMissouri Court of Appeals · 1915
- Harris v. Weber Motor Car Co.Missouri Court of Appeals · 1923
- Pierson-Lathrop Grain Co. v. BrittonMissouri Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.