James Halpin Manufacturing Co. v. School District of California
Missouri Court of Appeals
Appeal from the Cole Circuit Court. — Hon. E. L. Edwards, Judgo. (1) The proposition to put in the number 71 furnace for $850 when accepted by defendant constituted a new contract and a rejection of the old one for the number 61 furnace. Hence instructions based on the old contract and guaranty were improper; and numbers 1, 2 and 3 given for defendant should have been refused. ShicMes v. Chouteau, Harrison, Valle I. Co., 10 Mo.
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Appeal from the Cole Circuit Court. — Hon. E. L. Edwards, Judgo. (1) The proposition to put in the number 71 furnace for $850 when accepted by defendant constituted a new contract and a rejection of the old one for the number 61 furnace. Hence instructions based on the old contract and guaranty were improper; and numbers 1, 2 and 3 given for defendant should have been refused. ShicMes v. Chouteau, Harrison, Valle I. Co., 10 Mo. App. 241. (2) If the furnaces were used and possessed by defendant and were of value to defendant in heating said Aurora school building, then the plaintiff was…
1Opinion of the CourtSmith, P. J.
— This is an action to recover a balance of $350 for goods, wares and merchandise sold and delivered to defendant. The answer pleaded in bar a special contract. It was therein alleged and admitted *375by the replication, that, in the month of September, 1890, the plaintiff contracted with defendant to furnish and place in the school building of the latter two number 71 hot-air furnaces which should be of sufficient capacity to heat said building to seventy degrees Fahrenheit when the temperature outside was zero. The answer further alleged, and the replication denied, that the plaintiff…
2Cases cited15 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Lanitz v. KingSupreme Court of Missouri · 1887
- Bunce v. BeckSupreme Court of Missouri · 1869
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Crews v. LacklandSupreme Court of Missouri · 1878
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Muth ex. of Reuter v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1901
- Jacquin v. Grand Avenue Cable Co.Missouri Court of Appeals · 1894
- Nugent v. Armour Packing Co.Supreme Court of Missouri · 1907
- W. F. Wilson & Son v. RusslerMissouri Court of Appeals · 1902
- Taussig v. Southern Mill & Land Co.Missouri Court of Appeals · 1907
7 more not listed; retrieve them via the Exa API.