Schoenberg v. Loker
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. William Zachribz, Judge. (1) The plaintiff failed to establish his case by his evidence in chief, by failing to show that the admitted fault in the articles manufactured by him was due to the orders of the defendant; by failing to show that he had followed the sample, and by failing to show an account stated.
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Appeal from St. Louis City Circuit Court. — Son. William Zachribz, Judge. (1) The plaintiff failed to establish his case by his evidence in chief, by failing to show that the admitted fault in the articles manufactured by him was due to the orders of the defendant; by failing to show that he had followed the sample, and by failing to show an account stated. (2) The plaintiff showed a receipt of the goods by defendant once, but failed to' show an acceptance of the goods; except that acceptance which they claim resulted from their being kept after notice of their fault and after refusal of…
1Opinion of the CourtBland, P. J.
The suit was commenced before a justice of the peace on the following account:
“St. Louis, December 14, 189Y.
“Edwin Loker, doing business as Home Novelty Mfg. Co.,
“To E. E. Schoenberg & Sons, a co-partnership composed of Edward H. and Gustav Schoenberg, Dr.
“189Y
“February 26 — 1Y5 turkey callers at 11c...... $ 19 25
825 turkey callers at 11c.......... 90 Y5
“July 13 — 100 cases, at $1.50.............'.. . 150 00
$260 00
____ $Y5 00 “By cash. .
---- 35 00 110 00 “By cash..
“Balance due........................$150 00
The cause was taken to,the circuit court by appeal. On the trial in the circuit court,…
2Cases cited7 opinions
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Brown v. WeldonSupreme Court of Missouri · 1889
- Brown v. WeldonMissouri Court of Appeals · 1887
- St. Louis Brewing Ass'n v. McEnroeMissouri Court of Appeals · 1899
- A. G. Danforth & Co. v. CrookshanksMissouri Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Roth v. Continental Wire Co.Missouri Court of Appeals · 1902
- Skinner v. Kerwin Ornamental Glass Co.Missouri Court of Appeals · 1903
- D. June & Co. v. J. V. FalkinburgMissouri Court of Appeals · 1901
- Alabama Steel & Wire Co. v. SymonsMissouri Court of Appeals · 1904
- Hargrove v. LewisMissouri Court of Appeals · 1958
2 more not listed; retrieve them via the Exa API.