Vivian v. Robertson
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The defendant should have been charged $1.75 per set for all orders prior to April 17, 1899. (2) Plaintiffs could not raise the price per set until they had given notice of the change in the price of material. (3) The defendant had a right to damages for a breach of the contract for the 102 sets sold by plaintiffs and distributed in Missouri by the Mansur & Tebbetts Implement Company.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The defendant should have been charged $1.75 per set for all orders prior to April 17, 1899. (2) Plaintiffs could not raise the price per set until they had given notice of the change in the price of material. (3) The defendant had a right to damages for a breach of the contract for the 102 sets sold by plaintiffs and distributed in Missouri by the Mansur & Tebbetts Implement Company. (4) Under the second counterclaim the defendant was entitled to damages. 1 Sedgwick on Damages, 181: Walker on Patents, sec. 563; Suffolk Mfg.…
1Opinion of the CourtValliant, J.
This suit grows out of a contract between the plaintiffs and defendant for the sale of a *222certain patented article known as the Hoe & Gauge Attachment for Corn Planters. Plaintiffs were the owners of the patent; in December, 1898, they made a contract in writing with "defendant under which he was to have the exclusive sale of the attachments in Missouri and Kansas; plaintiffs were to manufacture and sell the articles to defendant at the price of $1.75 a set; but if there was a rise or fall of as much as ten per cent in the market price of the materials of which the attachments were made, there…
2Cases cited2 opinions
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Collins v. Wayne Lumber Co.Supreme Court of Missouri · 1895
3Cited by3 opinions
- Bride v. City of SlaterSupreme Court of Missouri · 1953
- Burger v. City of SpringfieldSupreme Court of Missouri · 1959
- Clem v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906