Heimann v. Hatcher Mercantile Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Wo». J. D. . Perkins, Judge. (1) The defendants received, retained and used the cases, and are therefore liable for the reasonable value of them. Brown v. Weldon, 27 Mo. App. 251; Brown v. Weldon, 99 Mo. 564; Moore v. Mfg. Co., 113 Mo. 98; Light & Heat Co. v. Bond, 47 Mo. App. 439; Keith v. Ridge, 146 Mo. 90; West v. Freeman, 76 Mo. App. 96; Halpin v. School Dist., 54 Mo.
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Appeal from Jasper Circuit Court. — Wo». J. D. . Perkins, Judge. (1) The defendants received, retained and used the cases, and are therefore liable for the reasonable value of them. Brown v. Weldon, 27 Mo. App. 251; Brown v. Weldon, 99 Mo. 564; Moore v. Mfg. Co., 113 Mo. 98; Light & Heat Co. v. Bond, 47 Mo. App. 439; Keith v. Ridge, 146 Mo. 90; West v. Freeman, 76 Mo. App. 96; Halpin v. School Dist., 54 Mo. App. 371. (2) In this case defendants did not show a return, or offer of return, of the cases, or that they were worthless for any purpose. Therefore the judgment entirely defeating the…
1Opinion of the CourtSmith, P. J.
The defendants placed with the plaintiff an order for three showcases “that would shut out the dust and be reasonably air tight, neatly constructed and would be useful to them in displaying their goods, and would protect their goods so displayed from injury by air and dust.” The plaintiff shipped to defendants at Joplin three showcases which were received, placed and used in their store in displaying their goods. The cases did not meet the specifications of the order for them. The defendants notified the plaintiff of this fact and that they would not accept them for that reason. The plaintiff…
2Cases cited5 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Comings v. LeedySupreme Court of Missouri · 1893
- Armstrong, Gilbert & Co. v. Johnson Tobacco Co.Missouri Court of Appeals · 1890
- Johnson v. SproullMissouri Court of Appeals · 1892
- Fenwick v. BowlingMissouri Court of Appeals · 1892
3Cited by2 opinions
- John R. Albert, Doing Business as Albert Tool and Gage Company v. Kopplin Molding Corporation, a Missouri CorporationCourt of Appeals for the Eighth Circuit · 1957
- El Paso Milling Co. v. DavisMissouri Court of Appeals · 1916