Alabama Steel & Wire Co. v. Symons
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Row. W. B. Teas dale, Judge. (1) The first instruction given by the circuit court on behalf of the plaintiff reduced to its last analysis, told the jury: (a) If defendants accepted the nails; (b) If defendants knew they were inferior in quality or not the quality of nails contracted for and ordered by defendants; (c) Then defendants can not now object to the quality, and (d) Tour verdict must be in favor of plaintiff for the amount sued…
Read the full summary
Appeal from Jackson Circuit Court. — Row. W. B. Teas dale, Judge. (1) The first instruction given by the circuit court on behalf of the plaintiff reduced to its last analysis, told the jury: (a) If defendants accepted the nails; (b) If defendants knew they were inferior in quality or not the quality of nails contracted for and ordered by defendants; (c) Then defendants can not now object to the quality, and (d) Tour verdict must be in favor of plaintiff for the amount sued for. New Birdsall Co. v. Keys, 99 Mo. App. 463, and cases cited; Brown v. Wellon, 27 Mo. App. 251, 99 Mo. 564; Werner v.…
1Opinion of the CourtBroaddus, J.
J.— The petition alleges that, “plaintiff sold, furnished and delivered to defendants at defendants’ instance and request, goods, wares and merchandise during the year 1901 to the aggregate amount and of the aggregate value of $2,321,99; that said defendants are entitled to credits thereon to the aggregate amount of $1,714.70 . . . that said goods, wares and merchandise were of the kinds, quantities and qualities as shown by itemized statement of account, and were sold and delivered upon the dates as therein given, and that.the prices therefor, as shown by said itemized statement of account,…
2Cases cited26 opinions
- Muller v. . EnoNew York Court of Appeals · 1856
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Brown v. WeldonSupreme Court of Missouri · 1889
- Brown v. WeldonMissouri Court of Appeals · 1887
- Hill v. Meyer Brothers' Drug Co.Supreme Court of Missouri · 1897
21 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ferguson Implement Co. v. ParmerMissouri Court of Appeals · 1908
- Brooks Tire Machine Co. v. WellsMissouri Court of Appeals · 1914
- Sanders v. MosbargerMissouri Court of Appeals · 1911