Herrington v. Julius Seidel Lumber Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Benjamin J. Klene, Judge. (1) A buyer has no right to accept part and reject a part of the goods purchased, and his acceptance of part will he binding upon him as an acceptance of all, for the buyer is not entitled partly to rescind and partly to affirm the contract of sale. 23 E. C. L. 1444; 35 Oye. 147; Sigerson v. Harker, 15 Mo. 101; White v. Miller, 8 L. E. A. (n. s.) 727. (2) After an acceptance, the buyer…
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Benjamin J. Klene, Judge. (1) A buyer has no right to accept part and reject a part of the goods purchased, and his acceptance of part will he binding upon him as an acceptance of all, for the buyer is not entitled partly to rescind and partly to affirm the contract of sale. 23 E. C. L. 1444; 35 Oye. 147; Sigerson v. Harker, 15 Mo. 101; White v. Miller, 8 L. E. A. (n. s.) 727. (2) After an acceptance, the buyer has estopped himself from defending the suit on the ground of nonperformance of the contract by the seller and the buyer…
1Opinion of the Court
Plaintiffs, as copartners, sued to recover the purchase price of a carload of lumber sold to defendant, and shipped from the State of Mississippi to St. Louis, Missouri. Defendant ordered the lumber through brokers, which order was received by plaintiffs about February 20, 1918. The order was for "1 Car 2× 12-20 No. 1 S. E. — $28. Terms Regular. Delivered." Plaintiffs acknowledged receipt of this order in a letter to defendant, dated February 20, 1918, in which they state that the official specifications of the Southern Pine Association were to apply, and in case of a dispute over the grades…
2Cases cited6 opinions
- Harzfeld v. ConverseIllinois Supreme Court · 1883
- Pacific Timber Co. v. Iowa Windmill & Pump Co.Supreme Court of Iowa · 1907
- Perry v. AyersCalifornia Supreme Court · 1911
- Stearns Salt & Lumber Co. v. Dennis Lumber Co.Michigan Supreme Court · 1915
- Sigerson v. HarkerSupreme Court of Missouri · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Witte v. Cooke Tractor Co.Missouri Court of Appeals · 1953
- Sherrill-Russell Lumber Co. v. Krug Lumber Co.Missouri Court of Appeals · 1924