Street v. Werthan Bag & Burlap Co.
Missouri Court of Appeals
Appeal from the Cireiiit Court of the City of St. Louis.— Hon. J. Hugo Grimm, Judge. • (1) The court erred in refusing Instruction No. 1 (demurrer to the evidence): (a) Because respondent’s damages (if any) should have been based on market value at St. Louis, not Houston (as to which there was not a particle of evidence), because delivery was to take place at St. Louis, not Houston. Gill v. Com. Co., 84 Mo.
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Appeal from the Cireiiit Court of the City of St. Louis.— Hon. J. Hugo Grimm, Judge. • (1) The court erred in refusing Instruction No. 1 (demurrer to the evidence): (a) Because respondent’s damages (if any) should have been based on market value at St. Louis, not Houston (as to which there was not a particle of evidence), because delivery was to take place at St. Louis, not Houston. Gill v. Com. Co., 84 Mo. App. 456;, Rosenberger case, 212 Mo. 654; Niemeyer v. Burlington, 54 Neb. 321, 40 L. R. A. 534; 35 Cyc. 172; Comstock v. Affelter, 50 Mo. 412; Scharff v. Meyer, 133 Mo. 428; Bank v. Smith,…
1Opinion of the CourtBecker, J.
On June 30, 1913, the defendant company, located at St. Louis, Missouri, under its trade name, St. Louis Bag and Burlap Company, sold to the *343plaintiffs, located at Houston, Harris County, Texas, 300 bales of bagging known as sugar cloth, the contract of sale being evidenced by correspondence exchanged between the said parties. Plaintiff sued defendant for damages in the sum of $1215, for the alleged failure to deliver 250 of 300 bales purchased. It is alleged that plaintiffs, upon the breach of the contract by defendant, were forced to and did purchase 250 bales of bagging in lieu of that…
2Cases cited10 opinions
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Griffith v. Kansas City Material & Construction Co.Missouri Court of Appeals · 1891
- Hunter Bros. Milling Co. v. Kramer Bros.Supreme Court of Kansas · 1905
- Meyer Bros. Drug Co. v. McMahanMissouri Court of Appeals · 1892
- Roaring Fork Potato Growers v. C. C. Clemons Produce Co.Missouri Court of Appeals · 1916
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3Cited by5 opinions
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- Brandon v. Kansas City Stock Yards Co.Missouri Court of Appeals · 1930
- Consolidated Flour Mills Co. v. MillerMissouri Court of Appeals · 1922
- First Nat. Bank of Amarillo v. BursonCourt of Appeals of Texas · 1933