England v. Mortland
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. cited: Clark to use v. Cusen, 3 Head, 55 ; Dunlap v. Berry, 5 111. 327 ; Wilkinson v. Holiday, 33 Mich. 386 ; Cunningham v. Asbbrook, 20 Mo. 553; Bersch v. Sander, 37 Mo. 109 ; Ober v. Car-sou, 62 Mo. 209, 213. cited: Morrison v. Dingley, 63 Me. 556 ; Riddle v. Varnum, 20 Pick. 283; Hemming v. Powell, 33 Mo. 468 ; Story on Con. 875, sec. 801; Gaff v. Hoymer, 59 Mo. 345; Gaff v. Fitch, 58 111. 375 ; Bass et al. v. Walsh, 39 Mo. 193 ;…
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Appeal from St. Louis Circuit Court. cited: Clark to use v. Cusen, 3 Head, 55 ; Dunlap v. Berry, 5 111. 327 ; Wilkinson v. Holiday, 33 Mich. 386 ; Cunningham v. Asbbrook, 20 Mo. 553; Bersch v. Sander, 37 Mo. 109 ; Ober v. Car-sou, 62 Mo. 209, 213. cited: Morrison v. Dingley, 63 Me. 556 ; Riddle v. Varnum, 20 Pick. 283; Hemming v. Powell, 33 Mo. 468 ; Story on Con. 875, sec. 801; Gaff v. Hoymer, 59 Mo. 345; Gaff v. Fitch, 58 111. 375 ; Bass et al. v. Walsh, 39 Mo. 193 ; Hayden v. Demits, 53 N. Y. 426 ; Glasgow v. Nicholson, 25 Mo. 29 ; Wallace v. Breed, 13 East, 525 ; 1 Pars, on Con., 5th ed.,…
1Opinion of the CourtHayden, J.
This was an action to recover the price of certain wood *491claimed by plaintiffs to have been sold and delivered to the defendant. The petition alleged that the plaintiffs, in December, 1873, sold and afterwards delivered to defendant, at Rush Tower, Missouri, 1,000 cords of oak and hickory wood at $3 a cord, and 600 cords of mixed and larger cottonwood at $2 a cord, making $4,200, which defendant promised to pay; that, of this, $2,502.38 were paid, and that defendant was entitled to a further credit of $1,053.45 for the proceeds of a part of the wood which came into defendant’s hands ; that…
2Cases cited3 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Waldron v. ChaseSupreme Judicial Court of Maine · 1854
3Cited by1 opinion
- Boyer v. Leidigh-Havens Lumber Co.Missouri Court of Appeals · 1915