Phillips v. Mastbrook
Missouri Court of Appeals
Appeal from the St. Lonis Circuit Court, Shepard Barclay, Judge. The proof tends to establish a! different cause of action from that sued on. Link v. Vaughan, 17 Mo. 585 ; Barnum v. JStone, 13 Am. L. R. 389. There was no contract for the sale and purchase of the whiskey, either express or implied.
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Appeal from the St. Lonis Circuit Court, Shepard Barclay, Judge. The proof tends to establish a! different cause of action from that sued on. Link v. Vaughan, 17 Mo. 585 ; Barnum v. JStone, 13 Am. L. R. 389. There was no contract for the sale and purchase of the whiskey, either express or implied. Allen’s Adm’r v. Richmond College, 41 Mo. 301 ; Eads v. City of Carondelet, 42 Mo. 113; 1 Pars, on Cont., 475; 1 Story on Cont., sect. 378. One who receives goods sent to him, knowing that the sender claims that the receiver has purchased them of him,, can not, in the absence of mistake or fraud,…
1Opinion of the CourtRombauer, J.
This is an action brought before a justice of the peace on the following account:
“January 23, 1883.
“A. Mastbrook bought of B. F. Phillips:
1 barrel gilt edge whiskey 37.87-100 P. gal. at $2.75.......................$104.14
Lrayage...............................50
Interest to April 1, 1884 ................ 7.44
$112.08”
On trial of the cause in the circuit court, there was judgment for the plaintiff for $122.85, composed, according to the verdict of the jury, of $104.64 principal, and $18.21 interest at the rate of six per cent, per annum from April 23, 1883.
The defendant appealing assigns for…
2Cases cited4 opinions
- Boone v. StoverSupreme Court of Missouri · 1877
- Link v. VaughnSupreme Court of Missouri · 1853
- Sandeen v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- Clark v. SmithSupreme Court of Missouri · 1867
3Cited by2 opinions
- Edwards v. AlbrechtMissouri Court of Appeals · 1890
- Robbins v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1889