Midland Elevator Co. v. Cleary & Hamilton
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. W. 'W. ; Rucker, Judge. (1) Respondent violated this contract when he sent the sample to Kansas City to be graded. The wheat was to be graded in Norborne according to the Norborne grade, as the circuit court decided, and as this court decided when this ease was here before, 56 Mo. App. 268. (2) The court erred in giving instruction number 2 for plaintiff' without qualification. Carder v. Primm, 60 Mo.
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Appeal from the Carroll Circuit Court. — Hon. W. 'W. ; Rucker, Judge. (1) Respondent violated this contract when he sent the sample to Kansas City to be graded. The wheat was to be graded in Norborne according to the Norborne grade, as the circuit court decided, and as this court decided when this ease was here before, 56 Mo. App. 268. (2) The court erred in giving instruction number 2 for plaintiff' without qualification. Carder v. Primm, 60 Mo. App. 423; Yoegely v. M. & Q-. Co., 49Mo. App. 648; Evers v. Schumaker, 57 Mo. App. 454; Gregory v. Sitlington, 54 Mo. App. 60'/ (3) The court erred…
1Opinion of the CourtSmith, P. J.
This action is founded on a joint written contract, dated July 30, 1891, whereby the defendants agreed to sell the plaintiff six thousand bushels *301of wheat at seventy-six cents per bushel, if No. 2, and seventy-three cents, if No. 3, to be delivered at Norborne within fifteen days. The defense interposed by the answer was that the defendants within the time and at the place required by the terms of the contract tendered the plaintiff the quantity and kind of wheat called for by the contract which plaintiff refused to receive. There was a trial in which plaintiff had judgment, and defendants…
2Cases cited12 opinions
- Cottrill v. KrumSupreme Court of Missouri · 1890
- Warder v. HenrySupreme Court of Missouri · 1893
- Nelson v. WallaceMissouri Court of Appeals · 1894
- Mantz v. MaguireMissouri Court of Appeals · 1892
- Hubbard v. QuisenberryMissouri Court of Appeals · 1888
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