Dobbins v. Edmonds
Missouri Court of Appeals
Error to Carroll Circuit Court, Hon. Jas. M-Davis, J. Statement of case by tbe court. This is an action for damages growing out of an alleged breach, by defendants, of the following contrtact made between plaintiff and defendants.
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Error to Carroll Circuit Court, Hon. Jas. M-Davis, J. Statement of case by tbe court. This is an action for damages growing out of an alleged breach, by defendants, of the following contrtact made between plaintiff and defendants. “This agreement, made and entered into on this-18th day of April, 1879, by and between Thomas Dobbins and .Barnett, Edmonds & Co., witnesseth: The said Dobbins is to furnish at the mills of Barnett, Edmonds & Co., as soon as the water will permit, and the aforementioned logs can be rafted there, the following logs, to-wit, at the following prices: 100.000 feet burr…
1Opinion of the Court
Opinion by
Philips, P. J.
1. It is insisted by defendants, plaintiffs in error, that the petition counts on an absolute sale and delivery of the logs, and prays judgment for the contract price; and that to maintain such action, the proof must show such delivery of the property as would thereupon transfer the title unconditionally to the defendants. We do not think this is fair or admissible construction of the petition. It is quite manifest that the declaration avers that the plaintiff kept and performed all the conditions and provisions of the contract to be kept and performed on his part, but…
2Cases cited10 opinions
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Lingham v. EgglestonMichigan Supreme Court · 1873
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Pond v. WymanSupreme Court of Missouri · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- St. Louis Range Co. v. Kline-Drummond Mercantile Co.Missouri Court of Appeals · 1906
- Anderson v. FrankMissouri Court of Appeals · 1891
- Kingsland & Ferguson Manufacturing Co. v. St. Louis Malleable Iron Co.Missouri Court of Appeals · 1888
- Boulware v. CrohnMissouri Court of Appeals · 1907
- Campbell v. WoodsMissouri Court of Appeals · 1907
24 more not listed; retrieve them via the Exa API.