Hunter Bros. Milling Co. v. Kramer Bros.
Supreme Court of Kansas
Error from Sumner district court; Carroll L. Swarts, judge. STATEMENT. Action brought by the Hunter Brothers Milling Company to recover from Kramer Brothers $900 as damages for failure to deliver bran purchased from the defendants and paid for by the plaintiff.
Read the full summary
Error from Sumner district court; Carroll L. Swarts, judge. STATEMENT. Action brought by the Hunter Brothers Milling Company to recover from Kramer Brothers $900 as damages for failure to deliver bran purchased from the defendants and paid for by the plaintiff. The milling company was engaged in business in St. Louis, and on May 18, 1903, Kramer Brothers, who were in the milling business at Wellington, Kan., sent the following telegraphic message, in cypher, which when translated read: “Wellington, Kan., May 13, 1903. “To Hunter Brothers, St. Louis, Mo.: “We offer to sell you 1200 sacks of…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
The plaintiff bought and paid for four car-loads of bran, only two of which it received. The defendants acknowledge that payment was made for all of the bran, and concede that one-half of it never reached the plaintiff. It was all sacked and shipped under the contract in accordance with plaintiff’s directions, and the question in dispute is, Who was the owner of the bran while it was in transit? If the plaintiff acquired the bran and became the owner from the time the shipment was made at Wellington it must bear 'the loss; but, on the…
2Cases cited11 opinions
- Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
- Bloyd v. PollockWest Virginia Supreme Court · 1885
- Taylor v. ColeMassachusetts Supreme Judicial Court · 1873
- Miller ex rel. Second National Bank v. SeamanSupreme Court of Pennsylvania · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Simpson v. State Mutual Life Assurance Co. of AmericaSupreme Court of Vermont · 1977
- Custom Built Homes Co. v. Kansas State Commission of Revenue & TaxationSupreme Court of Kansas · 1959
- Rodgers v. Arapahoe Pipe Line Co.Supreme Court of Kansas · 1959
- Hurst v. Altamont Manufacturing Co.Supreme Court of Kansas · 1906
- State Ex Rel. Oklahoma Tax Commission v. H. D. Lee Co.Supreme Court of Kansas · 1953
7 more not listed; retrieve them via the Exa API.