Gill & Fisher v. Johnson-Brinkman Commission Co.
Missouri Court of Appeals
Appeal from tbe Jackson Circuit Court.—lion. James Gibson, Judge. (1) The court erred in giving to the jury instruction No. 1, asked for by defendant, and in refusing to give to the jury, at plaintiffs request, instructions numbered 1, 2, 3, 4 and 6. In ordinary cases of breach of contract of sale by the seller, the measure of damages of the buyer is the difference between the contract price and the market value of the goods at the time and place of delivery. 21 Am. and Eng.
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Appeal from tbe Jackson Circuit Court.—lion. James Gibson, Judge. (1) The court erred in giving to the jury instruction No. 1, asked for by defendant, and in refusing to give to the jury, at plaintiffs request, instructions numbered 1, 2, 3, 4 and 6. In ordinary cases of breach of contract of sale by the seller, the measure of damages of the buyer is the difference between the contract price and the market value of the goods at the time and place of delivery. 21 Am. and Eng. Ency. of Law, 612; Tiedeman on Sales, sec. 335; Tiffany on Sales, sec. 128; Benj. on Sales, sec. 870; Mfg. Co. v. Mfg.…
1Opinion of the CourtEllison, J.
On September 30, 1898, the defendant, living at Kansas City, Missouri, sold to plaintiffs, living at Baltimore, Maryland, ten thousand bushels of corn as per the following contract:
“Office of the E. P. Smith Commission Oo.
“Rooms 421-422-423-424 Exchange Bldg.
“Kansas City, Mo., Sept. 30. 1898.
“Bought of Johnson-Brinkman for Gill & Eisher, Baltimore, Md., 10,000 bushels No. 2 Mixed corn at 26 & 1-2 cts. E. O. B. Q. cars Kansas City, Kansas Oity grades, destination weights, 15 days shipment.
“Bill acct. Gill & Eisher, Baltimore, Md., care B. & G. S. W. Ry., East St. Louis. Draw on Gill & Eisher,…
2Cases cited4 opinions
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Griffith v. Kansas City Material & Construction Co.Missouri Court of Appeals · 1891
- Meyer Bros. Drug Co. v. McMahanMissouri Court of Appeals · 1892
- Peoria Manufacturing Co. v. Bain Manufacturing Co.Missouri Court of Appeals · 1898
3Cited by5 opinions
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
- Street v. Werthan Bag & Burlap Co.Missouri Court of Appeals · 1918
- Third National Bank v. SmithMissouri Court of Appeals · 1904
- Heller v. FergusonMissouri Court of Appeals · 1915
- Howard v. HaasMissouri Court of Appeals · 1909