Moran Bolt & Nut Manufacturing Co. v. St. Louis Car Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) Under the evidence the finding and judgment upon the cross-bill should have been in favor of defendant. (2) The first and third instructions given by the court at the instance of the plaintiff are erroneous.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) Under the evidence the finding and judgment upon the cross-bill should have been in favor of defendant. (2) The first and third instructions given by the court at the instance of the plaintiff are erroneous. (a) Both instructions are based upon the theory that the agreement in question amounted to a sale of certain and existing articles of merchandise, whereas the agreement was, in fact, for uncertain and unspecified merchandise, to be manufactured in the future, (b) The rule of damages set out and directed' in the…
1Opinion of the Court
WOODSON, J. —
The plaintiff sued the defendant in the circuit court of the city of St. Louis to recover some ten thousand dollars. The petition contained three counts. The first was predicated upon the following written contract, whereby the defendant purchased of plaintiff one thousand tons of bar iron, to-wit:
“Order No. 22917.
“St. Louis Car Company,
“St. Louis, Mo., 6 — 3-03.
“To Moran Bolt and Nut Mfg. Co.,
“Please furnish this company with the following material and ship same to ........................
“Enter our order for, 1,000 net ton of bar iron at $1.70 per 100 lbs., F. O. B., our works,…
2Cases cited25 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Crane v. C. Crane & Co.Court of Appeals for the Seventh Circuit · 1901
- Campbell v. A. Lambert & Co.Supreme Court of Louisiana · 1884
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Phillips Petroleum Co. v. Rau Const. Co.Court of Appeals for the Eighth Circuit · 1942
- Snadon v. GayerMissouri Court of Appeals · 1978
- Koenig v. Truscott Boat Manufacturing Co.Missouri Court of Appeals · 1911
- Aetna Life Insurance v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1913
- Great Eastern Oil Co. v. DeMert & Dougherty, Inc.Supreme Court of Missouri · 1942
9 more not listed; retrieve them via the Exa API.