Glass v. Gelvin
Supreme Court of Missouri
Appeal from Molt Circuit Court. — Host. H. S. Kelley, Judge. There was no such deliyery as would excuse the plaintiffs from furnishing the number of hogs sold at the time they were to be weighed, and the instructions of the court upon that point were erroneous. Williams v. Evans, 89 Mo. 202; Means v. Williamson, 87 Me. 556; Howdlett v. Toll-man, 14 Me. 400. As a general rule the seller is bound to deliver the exact quantity contracted for.
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Appeal from Molt Circuit Court. — Host. H. S. Kelley, Judge. There was no such deliyery as would excuse the plaintiffs from furnishing the number of hogs sold at the time they were to be weighed, and the instructions of the court upon that point were erroneous. Williams v. Evans, 89 Mo. 202; Means v. Williamson, 87 Me. 556; Howdlett v. Toll-man, 14 Me. 400. As a general rule the seller is bound to deliver the exact quantity contracted for. If more or less is tendered, the buyer may refuse to accept any. Hart v. Mills, 15 M. & ~W. 85; Cundiff v. Harrison, 6 Exch. 903; Rommel v. Wingate, 103…
1Opinion of the Court
Ewing, C.
Respondents sued the appellant in the circuit court of Holt county, and alleged in substance that: They were partners and stock dealers, and shipped to Chicago 345 head of fat hogs to one Eisher, a commission merchant, who was to sell them for plaintiffs; that Glass, one of the plaintiffs, went to Chicago, and after negotiation, sold them to defendant, Gelvin, for $4.60 per hundred, and *299a part of tbe contract of sale was, tbat defendant was to receive tbe bogs in EisheEs bands, and was to make Eisber bis agent and to pay all charges; tbat tbe plaintiffs delivered and defendant…
2Cases cited8 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Wade v. HardySupreme Court of Missouri · 1882
- Graff v. FosterSupreme Court of Missouri · 1878
- Moffatt v. ConklinSupreme Court of Missouri · 1865
- Williams v. GraySupreme Court of Missouri · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Conrad v. FisherMissouri Court of Appeals · 1889
- Jacksonville, Tampa & Key West Railway Co. v. NeffSupreme Court of Florida · 1891
- I. H. Van Idour & Co. v. NelsonMissouri Court of Appeals · 1895
- Myers v. McRaySupreme Court of Missouri · 1893
12 more not listed; retrieve them via the Exa API.