American Linseed Co. v. Eberson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale,- Judge. (1) The phrase delivery “at your option,” addressed to the buyer, has a well understood meaning in commercial usage, to the effect that the buyer has a right to call for delivery at any time within the contract period. Webster’s Diet., Option, 4; Kent v. Miltenberger, 13 Mo. App. 506; Williams v. Tiedeman, 6 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale,- Judge. (1) The phrase delivery “at your option,” addressed to the buyer, has a well understood meaning in commercial usage, to the effect that the buyer has a right to call for delivery at any time within the contract period. Webster’s Diet., Option, 4; Kent v. Miltenberger, 13 Mo. App. 506; Williams v. Tiedeman, 6 Mo. App. 272; White v. Barber, 123 U. S. 419. (2) In contracts such as that of September 7, 1901, for delivery at buyer’s option “between” certain dates, the buyer certainly has the right to call for delivery at any…
1Opinion of the CourtGoode, J.
This is an action for the balance due on the purchase price of linseed oil sold and delivered by plaintiff to defendant. The contract was for one thous- and barrels of oil, of which it is alleged the defendant paid for nine hundred and twenty barrels and owes for the remaining eighty, the sum of $1,834.90. The first paragraph of the contract under which the oil in controversy was sold, will be quoted for the purpose of comparing it with the other contracts which are in controversy. Said paragraph reads as follows:
“St. Louis, Mo., Sept. 12, 1902.
“A. A. Eberson & Go., City.
“Dear Sirs: This will…
Also in this document: Concurrence.
2Cases cited4 opinions
- Johnston v. TrippeU.S. Circuit Court for the Northern District of Georgia · 1887
- Dodge v. KieneNebraska Supreme Court · 1889
- Posey v. ScalesIndiana Supreme Court · 1876
- Pickering v. DemerrittMassachusetts Supreme Judicial Court · 1868
3Cited by3 opinions
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- Ohio & Big Sandy Coal Co. v. CommissionerUnited States Board of Tax Appeals · 1929
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