Rollins v. Claybrook
Supreme Court of Missouri
•Appeal from, Moniteau Circuit Court. Action brought by Rollins against Claybrook, for the breach of a contract stated in the petition to be for the sale of “a certain lot of pork hogs, which the defendant then had up fattening, which were to weigh' in the whole not less than four thousand pounds.”
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•Appeal from, Moniteau Circuit Court. Action brought by Rollins against Claybrook, for the breach of a contract stated in the petition to be for the sale of “a certain lot of pork hogs, which the defendant then had up fattening, which were to weigh' in the whole not less than four thousand pounds.” The purport of the petition and answer, and of the evidence offered at the trial, is sufficiently stated in the opinion of the court, and it is only necessary to add the written memorandum of the contract, which was as follows : “ Hogs bought of G. Claybrook Nov. 12, 1852. “ To weigh 200 lbs., $8…
1Opinion of the CourtLeonard, Judge
The plaintiff seeks to recover damages for the non-delivery of a specific lot of hogs, bought of the defendant, and which the latter engaged would weigh four thousand pounds; and states that he paid the defendant twenty dollars, and made and signed a memorandum of the contract,-which he delivered to the defendant. The latter admits in his answer the making of a contract as specified on the written memorandum ; but insists that it was a contract for the sale of pork by the quantity and not of a specific lot, and that within the time allowed for that purpose he tendered part of the quantity,…
2Cited by27 opinions
- Jake C. Byers, Inc. v. J.B.C. InvestmentsMissouri Court of Appeals · 1992
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Brown v. BowenSupreme Court of Missouri · 1886
- Bunce v. BeckSupreme Court of Missouri · 1869
- Rucker v. HarringtonMissouri Court of Appeals · 1893
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