Longhead v. B. F. Combs & Brother Commission Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court, — Hon. E. L. Scarritt, Judge. (1) The law does not mulct a defaulting man into paying for the goods he failed to take, and giving them to the nondefaulting party, and letting him sell them, get the money and keep it as a gratuity. This is too elementary to cite authorities and this instruction is nowhere covered by any other instruction either for plaintiff or the defendant.
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Appeal from the Jackson Circuit Court, — Hon. E. L. Scarritt, Judge. (1) The law does not mulct a defaulting man into paying for the goods he failed to take, and giving them to the nondefaulting party, and letting him sell them, get the money and keep it as a gratuity. This is too elementary to cite authorities and this instruction is nowhere covered by any other instruction either for plaintiff or the defendant. (2) Number 7 says if plaintiff was so drunk he was not in possession of his reason, judgment, and mental faculties at the time of the alleged settlement, then they should find no…
1Opinion of the CourtSmith, P. J.
This is a suit on a written contract, whereby the plaintiff sold the defendant all the merchantable apples in his orchard. The contract specially provided that the plaintiff was to pick the apples and place them in piles on the ground in the orchard, free of bruises. The defendants were to pack the barrels, and the plaintiff was to haul the same from the railway station to the orchard and as soon as packed, haul them back and load them in the cars. Defendant was to pay fifty cents per bushel for all of the apples except the Ben Davis, for which he was to pay sixty cents per bushel.
The…
2Cases cited1 opinion
- Haneklau v. FelchlinMissouri Court of Appeals · 1894
3Cited by2 opinions
- Coody v. CoodySupreme Court of Oklahoma · 1913
- Rogers & Powers v. WarrenMissouri Court of Appeals · 1898