Stewart v. Henningsen Produce Co.
Supreme Court of Kansas
Appeal from Cloud district court. STATEMENT. Plaintiff and defendant entered into a contract through letters and telegrams, whereby defendant •agreed to purchase from plaintiff 10,000 pounds each of whites and yolks of eggs. Pursuant to this contract plaintiff put up 10,995 pounds of whites and 9576 pounds of yolks. All of the whites were shipped to defendant and paid for.
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Appeal from Cloud district court. STATEMENT. Plaintiff and defendant entered into a contract through letters and telegrams, whereby defendant •agreed to purchase from plaintiff 10,000 pounds each of whites and yolks of eggs. Pursuant to this contract plaintiff put up 10,995 pounds of whites and 9576 pounds of yolks. All of the whites were shipped to defendant and paid for. Fifty cans of the yolks were also shipped, but defendant refused to pay for 'them, or for those remaining on hand, claiming they were rotten and unfit for use. This action was brought to recover the' contract price of the…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The letters and telegrams comprising the contract show a proposal by the plaintiif to “contract any quantity you (defendant) may need. All this stock to be put up out of number one candled eggs.” The acceptance was shown by a letter and telegram to the effect that the defendant would take 10,000 pounds of each product at the prices named, “f. o. b., your station, all charges paid up to January 1st, namely, storage, insurance and interest.” Plaintiff was to place the product in cold storage with the Concordia Ice & Cold Storage Company, and…
2Cases cited23 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Blackwood v. Cutting Packing Co.California Supreme Court · 1888
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Pope v. . PorterNew York Court of Appeals · 1886
- Russell v. . CarringtonNew York Court of Appeals · 1870
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hill v. Southern Kansas Stage Lines Co.Supreme Court of Kansas · 1936
- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Desbien v. Penokee Farmers Union Cooperative Ass'nSupreme Court of Kansas · 1976
- Snyder v. EriksenSupreme Court of Kansas · 1921
- Ely v. Wichita Natural Gas Co.Supreme Court of Kansas · 1916
8 more not listed; retrieve them via the Exa API.