Weber Motor Car Co. v. Roberts
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon■ William T. Jones, Judge. (1) Under the decisions of this, and other States, plaintiff had its election to tender full performance of the contract and upon default by the defendant to sue him for the contract or purchase .price. Huddy on Automobiles (5 Ed.), sec, 869; Williston on Sales, sec. 562; Campbell v. Woods, 122 Mo. App. 719; Walker v. Nison, 65 Mo. App. 326; Crown Vinegar and Spice Co. v. Wehrs, 59 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Hon■ William T. Jones, Judge. (1) Under the decisions of this, and other States, plaintiff had its election to tender full performance of the contract and upon default by the defendant to sue him for the contract or purchase .price. Huddy on Automobiles (5 Ed.), sec, 869; Williston on Sales, sec. 562; Campbell v. Woods, 122 Mo. App. 719; Walker v. Nison, 65 Mo. App. 326; Crown Vinegar and Spice Co. v. Wehrs, 59 Mo. App. 493; Dobbins v. Edmonds, 18 Mo. App. 307; Ozark Lumber Co. v. Chicago Lumber Co., 51 Mo. App. 555; Bement v. Smith, 15…
1Opinion of the Court
This is an action for the purchase price of one Studebaker six automobile, touring car type, 1914 model.
Plaintiff's amended petition charges, that on the 24th day of September, 1913, the defendant contracted and agreed in writing to purchase the automobile referred to for the sum of $1570; that plaintiff has tendered full performance of its part of the contract, and has ever been ready, willing and able to deliver said automobile upon payment of the purchase price, and has offered to do so, but that the defendant has refused and neglected to accept and pay for same; that the plaintiff is…
2Cases cited9 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- St. Louis Range Co. v. Kline-Drummond Mercantile Co.Missouri Court of Appeals · 1906
- Koenig v. Truscott Boat Manufacturing Co.Missouri Court of Appeals · 1911
- Campbell v. WoodsMissouri Court of Appeals · 1907
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3Cited by5 opinions
- S. G. Adams Printing & Stationery Co. v. Central Hardware Co.Missouri Court of Appeals · 1978
- Turner Looker Co. v. HindmanSupreme Court of Missouri · 1923
- Clearview Louver Window Corp. v. Rubin Glass & Mirror Co.Court of Appeals of Texas · 1955
- Mills & Exports Co. v. FleischmanDistrict Court, E.D. Missouri · 1938
- G. H. Deaton & Co. v. Tarkio Molasses Feed Co.Missouri Court of Appeals · 1925