Flanagan Mills & Elevator Co. v. George A. Adams Grain Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Shannon 0. Douglass, Judge. Submitted an argument. (1) By failure to object to tbe testimony when it was offered, and by cross-examination in relation to tbe same matter, appellant must be held to have waived its-objections thereto. To permit objection in instructions for the first time would be intolerable practice. Maxwell v. Railway, 85 Mo. 95; Mfg. Co. v. Clay, 53 Mo.
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Appeal from Jackson Circuit Court. — Hon. Shannon 0. Douglass, Judge. Submitted an argument. (1) By failure to object to tbe testimony when it was offered, and by cross-examination in relation to tbe same matter, appellant must be held to have waived its-objections thereto. To permit objection in instructions for the first time would be intolerable practice. Maxwell v. Railway, 85 Mo. 95; Mfg. Co. v. Clay, 53 Mo. App. 412; State v. Hope, 100 Mo. 347; Foster v. Railway, 115 Mo. 165; Hickman v. Green, 123 Mo. 165; State v. Marcks, 140 Mo. 656; Hollenbeck v. Railway, 141 Mb. 97; State v. Lehman,…
1Opinion of the CourtEllison, J.
— Plaintiff, residing at Rich Hill, Missouri, bought of defendant, residing at Kansas City, a lot of corn. The contract of purchase was put in the following writing:
“Kansas City, Mo., Mar. 21, 1903.
“To Flanagan Mills & Ele. Co., Rich Hill, Mo.
“Dear Sirs — We confirm sale to you, per phone, of 5,000 bushels No. 3 or better Wh. Corn at 42 3-8c. Cost and freight Rich Hill, M'o. Rich Hill weights, official grade. Prompt shipment. Demand draft, B. L. attached, via Mo. Pac. Ry. to Rich Hill, direct from point of origin. Yours truly, (Signed) Geo. A. Adams Grain Co.”
Stamped across the face of this…
2Cases cited3 opinions
- Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
- Maxwell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Boggs v. Pacific Steam Laundry Co.Missouri Court of Appeals · 1902
3Cited by3 opinions
- Cannon-Weiner Elevator Co. v. BoswellMissouri Court of Appeals · 1906
- Goller v. Henseler Mercantile Oil & Supply Co.Missouri Court of Appeals · 1913
- Cochran v. City of SpringfieldMissouri Court of Appeals · 1910