Legal Opinion

Kloes v. Wurmser & Louis

Missouri Court of Appeals

Decided March 4, 1889PublishedCited by 3 opinions

Appeal from the JacJcson Circuit Court. — Hon. J. H. Slovee, Judge. Statement of the case. This is an action of replevin for about five hundred dollars worth of window shades.

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Appeal from the JacJcson Circuit Court. — Hon. J. H. Slovee, Judge. Statement of the case. This is an action of replevin for about five hundred dollars worth of window shades. The parties concerned are, plaintiffs Kloes & Co., manufacturers of window shades, etc., New York City, defendants Wurmser & Louis, dealers in house furnishing goods, etc., at Kansas City, George Louis & Co., like dealers at Omaha, Nebraska, until about the time this controversy arose when said Omaha firm sold o ut their entire stock to the Kansas City firm. It seems that George Louis & Co. at Omaha contracted with…

1Opinion of the CourtGill, J.

I. The principal matter complained of, in the trial before the circuit court, is the admission of the letter of Louis & Co., Omaha, above quoted, and upon which plaintiffs relied as a rescission of the contract of purchase. It is claimed that the letter was not sufficiently identified — that there was no proof of its execution.

It seems that at the trial the letter was read aloud, and in -the presence and hearing of one Jones, who was the book-keeper of Louis & Co., and whose business it was to write letters for the firm, and Jones on the stand, in effect, admitted that he wrote the letter,…

2Cases cited2 opinions

  1. Wilson v. CrocketSupreme Court of Missouri · 1869
  2. Spring v. CoffinMassachusetts Supreme Judicial Court · 1813

3Cited by3 opinions

  1. Hays v. General Assembly American Benevolent Ass'nMissouri Court of Appeals · 1907
  2. Sullivan v. State Department of Public Health & WelfareMissouri Court of Appeals · 1956
  3. Linn v. New York Life InsuranceMissouri Court of Appeals · 1899

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