Kaes v. Lime Co.
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hiezel, Judge. To satisfy the statutes of frauds there must be not only a delivery of the goods, but also an actual receipt and acceptance of the same by the buyer. And this-acceptance can be proved only by clear and unequivocal acts on the part of the buyer, which acts must be independent of the proof of the contract.
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Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hiezel, Judge. To satisfy the statutes of frauds there must be not only a delivery of the goods, but also an actual receipt and acceptance of the same by the buyer. And this-acceptance can be proved only by clear and unequivocal acts on the part of the buyer, which acts must be independent of the proof of the contract. Kirby v. Johnson, 22 Mo. 354, 361; Harvey v. St. Louis B. Ass’n, 39 Id. 211, 217; Lovelace v. Stewart, 23 Id. 384; Belventhal' v. Jones, 53 Id. 460; Pratt v. Miller, 109 Mo. 89; Vincent v. Vieths, 60 Mo. App. 9;…
1Opinion of the CourtBland, P. J.
The petition contained two counts. The issues on the second one were found for defendant, from which no appeal was taken. It will not be further noticed here. The first count alleged that defendant was a corporation; that plaintiff between the first day of September, 1893, and the first day of January, 1894, sold and delivered to the defendant in the county of St. Louis, two hundred and seventy-one and a half cords of wood at the price of $2.72 per cord, and that the defendant promised and agreed to pay him that price.for the wood; that on the first day of February, 1894, he demanded pay for…
2Cases cited7 opinions
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Conrad v. FisherMissouri Court of Appeals · 1889
- State v. SilvaSupreme Court of Missouri · 1895
- Cunningham v. AshbrookSupreme Court of Missouri · 1855
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3Cited by1 opinion
- Skene v. Union Casualty & Surety Co.Missouri Court of Appeals · 1901