Legal Opinion

Cobbs v. Joyce-Watkins Co.

Supreme Court of Missouri

Decided March 19, 1921Published

Appeal from St. Louis City Circuit Court. — Hon. Benjamin J. Klene, Judge. (1) The arrangement with the McCaull-Dryer Tie Company was the same as with the other vendor defendants, and was a contract for the sale of the ties, not delivered f. o. b.

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Appeal from St. Louis City Circuit Court. — Hon. Benjamin J. Klene, Judge. (1) The arrangement with the McCaull-Dryer Tie Company was the same as with the other vendor defendants, and was a contract for the sale of the ties, not delivered f. o. b. St. Louis, and the actual freight charges thereon deducted from the selling price, but a contract, recognized and carried out by the parties, payment made by the Joyce-Watkins Company, that the McCaull-Dryer Tie Company should receive a certain price for the ties at said loading station. (2) The acceptance of the draft in payment of said ties,…

1Opinion of the CourtHigbee, P. J.

On March 13, 1909, the P. R. Walsh Tie & Timber Company entered into a contract with the Joyce-Watkins Company by which the Walsh Company undertook to act as exclusive agent for the Wátkins Company in purchasing railroad ties in the States of Missouri, Arkansas and Louisiana for a commission of two cents per tie. This contract was to be in force for one year.' The Walsh Company bought ties at various points bn the line of the St. Louis & San Francisco Railroad .in Missouri. The ties were inspected by the Burlington Railroad Company in the field, and by direction of the Watkins Company were…

2Cases cited8 opinions

  1. Southern Pacific Co. v. Darnell-Taenzer Lumber Co.Supreme Court of the United States · 1918
  2. United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
  3. Beheret v. MyersSupreme Court of Missouri · 1912
  4. State v. Central Vermont Railway Co.Supreme Court of Vermont · 1908
  5. Darnell-Taenzer Lumber Co. v. Southern Pac. Co.Court of Appeals for the Sixth Circuit · 1915

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