Leonard v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from the Saline Circuit Cotirt. — Hon. Richabd Field, Judge. (1) The parol contract was when entered into a perfect and complete contract in all its details, and after plaintiff loaded his cattle into the defendant’s special train it was fully executed on his part.
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Appeal from the Saline Circuit Cotirt. — Hon. Richabd Field, Judge. (1) The parol contract was when entered into a perfect and complete contract in all its details, and after plaintiff loaded his cattle into the defendant’s special train it was fully executed on his part. Tlie written contract signed by plaintiff after the transportation had begun, if it was to have any effect as a substituted contract for the parol contract, must be supported by a fresh consideration; the plaintiff contends that such substituted contract to have any effect on the subject-matter must have been made while the…
1Opinion of the CourtEllison, J.
— Plaintiff shipped from Saline county, Missouri, to Chicago, Illinois, ninety-six head of fat cattle over defendant’s road for the purpose of selling on the market there. The cattle were negligently delayed, as is charged, so that instead of arriving at Chicago on the morning following the shipment in time for that day’s market they did hot arrive till late in the afternoon, too late for that day’s market, in consequence of which plaintiff was compelled to place the cattle on the market of the next day, on which they were fifty cents per hundredweight lower in price than on the previous day,…
2Cases cited2 opinions
- O'Bryan v. KinneySupreme Court of Missouri · 1881
- Rosenfeld v. Peoria, Decatur & Evansville Railway Co.Indiana Supreme Court · 1885
3Cited by19 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- D. Klass Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1899
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Anderson v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1902
- Houtz v. Union Pac. R.Utah Supreme Court · 1908
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