Springfield Seed Co. v. Walt
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Horn William AC , Evans, Judge. STATEMENT OE THE CASE. The plaintiff is a domestic corporation engaged in the business of selling garden seeds at wholesale and brought this action to recover from the defendant the price of twenty-five boxes of seeds. The action is based on the following contract: “Order for package garden seeds from Springfield Seed Store, . Ricketts & Walker, Props., Springfield, Mo.
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Appeal from Howell Circuit Court. — Horn William AC , Evans, Judge. STATEMENT OE THE CASE. The plaintiff is a domestic corporation engaged in the business of selling garden seeds at wholesale and brought this action to recover from the defendant the price of twenty-five boxes of seeds. The action is based on the following contract: “Order for package garden seeds from Springfield Seed Store, . Ricketts & Walker, Props., Springfield, Mo. “Please ship in due time for season of 1901, 25 boxes, 500 each of assorted garden seeds in lithographed packages, at $15 per 1,000 packages. No additional…
1Opinion of the CourtGoode, J.
1. At the foot of the contract between the appellant and respondent are the words “exclusive sale,” which are of uncertain meaning as they stand, and call for explanation by either oral or written evidence as to what the parties intended to express by them. State v. Cunningham, 154 Mo. 161; Carney v. Chillicothe Water & Light Co., 76 Mo. App. (K. C.) 532. The testimony of Walt, while very indefinite, was barely sufficient to support the inference that the understanding between him and plaintiff’s agent (Eieketts) was that he (Walt) was to have the sole right to sell to merchants in the…
2Cases cited2 opinions
- State v. CunninghamSupreme Court of Missouri · 1900
- Turner v. MellierSupreme Court of Missouri · 1875
3Cited by19 opinions
- Brown v. FraleyCourt of Appeals of Maryland · 1960
- Zelinger v. Uvalde Rock Asphalt Co.Court of Appeals for the Tenth Circuit · 1963
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905
- National Micrographics Systems, Inc. v. Oce-Industries, Inc.Court of Special Appeals of Maryland · 1983
- Detroit Vapor Stove Co. v. J. C. Weeter Lumber Co.Utah Supreme Court · 1923
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