Strauss v. American Chewing Gum Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Matt. G. Reynolds, Judge. Tbe defendant’s evidence as to tbe razors being warranted by plaintiff was insufficient as a matter of law for tbe following reasons: 1. Tbe alleged warranty madé at tbe time of tbe alleged change of price from $4.10 to $4 per set was not established, because tbe warranty depends on a change in tbe contract which change could only have been made for a new consideration or by mutual consent.
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Appeal from St. Louis City Circuit Court. — Eon. Matt. G. Reynolds, Judge. Tbe defendant’s evidence as to tbe razors being warranted by plaintiff was insufficient as a matter of law for tbe following reasons: 1. Tbe alleged warranty madé at tbe time of tbe alleged change of price from $4.10 to $4 per set was not established, because tbe warranty depends on a change in tbe contract which change could only have been made for a new consideration or by mutual consent. Thayer on Contracts, sec. 179. 2. .The alleged warranty was oral and within tbe Statute of Frauds. R. S. 1899, sec. 3418; Galway…
1Opinion of the CourtBland, P. J.
'The action- is to recover on the following account:
“American CheAving Gum Company, St. Louis, M'o.
“Bought of Adolph Strauss & Co., Importers and Commission Merchants. Sole agents for Messner Harmonicas and Wm. Elliott & Company Cutlery, 412 Broadway. 30 days extra.
*112Nov. 3, 1906.
2538 200 Doz. Knives. 150 to *
702' 17 Doz. Razors. 51 CO
720' 34 Doz. do. 102 CO
722 34 Doz. do. 102 CO
723 34 Doz. do. 102 CO
725 34 Doz. do. 102 CO
726 34 Doz. do. . 102 CO
543 17 Doz. do. . 51 CO
762
Nov. 13, 1906.
7163 7% Dro. Glass Charm Compasses .7.50 56.20
Special 227 Sets Razors . 4.10 930.70
Nov. 19, 1906.
Special 150…
2Cited by3 opinions
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