Northrup v. Cook
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Plaintiff sued defendant and his security for breach of the following agreement.: “ This agreement made and entered into this 26th day of June, 1863, by and between Isaac Cook, of Chicago, of the first part, and Ashley N. Northrup, of St. Louis, party of the second part, witnesseth, that the said Isaac Cook has this day sold and agreed to deliver to said Northrup, in East St. Louis, one thousand tons of ice, for the siim of fourteen…
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Appeal from St. Louis Circuit Court. Plaintiff sued defendant and his security for breach of the following agreement.: “ This agreement made and entered into this 26th day of June, 1863, by and between Isaac Cook, of Chicago, of the first part, and Ashley N. Northrup, of St. Louis, party of the second part, witnesseth, that the said Isaac Cook has this day sold and agreed to deliver to said Northrup, in East St. Louis, one thousand tons of ice, for the siim of fourteen dollars per ton, to be delivered within sixty days from date, cash to be paid as delivered in the cars at East St. Louis.”…
1Opinion of the CourtWagner, Judge
By the terms of the contract as entered into between the parties in this case, the appellant Cook was to deliver to the respondent one thousand tons of ice within sixty days of the date of the agreement, and the respondent was to pay fourteen dollars per ton therefor as the same was delivered.
*211The first instruction given by the court for the appellant was entirely too favorable for him according to the evidence which he had introduced and on which it was partly grounded. Whether there was any rescisión of. the contract was properly left to the jury, and their verdict negativing any such…
2Cases cited4 opinions
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Dey v. DoxNew York Supreme Court · 1832
- Shepherd v. HamptonSupreme Court of the United States · 1818
- Whitmore v. CoatsSupreme Court of Missouri · 1851
3Cited by14 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Warren v. A. B. Mayer Manufacturing Co.Supreme Court of Missouri · 1901
- Koeltz v. BleckmanSupreme Court of Missouri · 1870
- Pittsburgh, Cincinnati, & St. Louis Railway Co. v. HeckIndiana Supreme Court · 1875
- Griffith v. Kansas City Material & Construction Co.Missouri Court of Appeals · 1891
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