Elmore-Schultz Grain Co. v. Stonebraker
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis." —Ron. Rhodes R. Gave, Judge. (1) Section 4780, R. S. 1907, of our statute and the following section (4781) have been several times construed by our courts, and notwithstanding the decision of this court in the case of Taylor v. Sebastian, 158 M. A. 147 this and other courts have held in the main that if, under the guise of a contract of sale, the real intent of both parties is merely to speculate.in the rise or fall of…
Read the full summary
Appeal from the Circuit Court of the City of St. Louis." —Ron. Rhodes R. Gave, Judge. (1) Section 4780, R. S. 1907, of our statute and the following section (4781) have been several times construed by our courts, and notwithstanding the decision of this court in the case of Taylor v. Sebastian, 158 M. A. 147 this and other courts have held in the main that if, under the guise of a contract of sale, the real intent of both parties is merely to speculate.in the rise or fall of prices, and the property is not to be delivered, but, at the time fixed for delivery, one party is to pay to the other…
1Opinion of the CourtAllen, J.
This is an action whereby plaintiff corporation seeks to recover from the defendant the sum of $1783.45 upon an account ■ stated. The petition, as amended by interlineation, avers that plaintiff is an Illinois corporation, authorized to transact business in Missouri, and engaged in the business of buying and selling grain on commission, with its principal office in the city of St. Louis; that for a long time”prior to June 12, 1912, plaintiff and defendant had mutual dealings with each other, and that plaintiff on defendant’s orders bought and sold for defendant grain of all kinds, and paid…
2Cases cited14 opinions
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- Connor v. BlackSupreme Court of Missouri · 1893
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
- Parke, Davis & Co. v. MullettSupreme Court of Missouri · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dickson v. Uhlmann Grain Co.Supreme Court of the United States · 1933
- Boyle v. BurtSupreme Court of Iowa · 1970
- Duncan v. BlackMissouri Court of Appeals · 1959
- Gordon v. AndrewsMissouri Court of Appeals · 1927
- Hodgson v. PixleeSupreme Court of Missouri · 1954
6 more not listed; retrieve them via the Exa API.