Morrison, McIntosh & Co. v. Leiser
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richabd Field, Judge. Where a vendee has received and accepted under contract of sale a portion of the goods contracted for, the facts that the goods so accepted were of a quality inferior to that called for by the contract does not authorize him to repudiate the contract altogether and to refuse to accept the residue.
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Appeal from the Lafayette Circuit Court. — Hon. Richabd Field, Judge. Where a vendee has received and accepted under contract of sale a portion of the goods contracted for, the facts that the goods so accepted were of a quality inferior to that called for by the contract does not authorize him to repudiate the contract altogether and to refuse to accept the residue. He may demand goods of the stipulated quality, and if the balance when offered prove to be of an inferior quality may refuse to accept, but if such as the contract calls for he is bound to receive them. Miller v. Moore, 83 G-a.…
1Opinion of the CourtQ-ill, J.
Plaintiffs are manufacturers of gloves, etc., at Grrinnell, Iowa, and defendant a merchant at Corder, Missouri. In May, 1895, one of plaintiff’s traveling salesmen called on defendant and took his order for a lot of gloves which were to be according to certain samples exhibited at the time. As per agreement, the goods *97were to be furnished in two instalments — one in June and the other in the September following. The first lot was received by defendant at Corder, but according to the testimony of defendant, the gloves were found on inspection to be inferior and not up to the quality of the…
2Cited by7 opinions
- Ungerer & Co. v. Louis Maull Cheese & Fish Co.Missouri Court of Appeals · 1911
- Bales v. RobertsSupreme Court of Missouri · 1905
- Boyles v. Kingsbaker Bros. Co.California Supreme Court · 1935
- Mueller v. GolloberCourt of Appeals of Texas · 1923
- McMullar Coal Co. v. Champion Coated Paper Co.West Virginia Supreme Court · 1927
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