Earl Fruit Co. v. McKinney
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) The first ear load, and the other car loads in question, were separate transactions, though the contract in reference to all was made at one time. Aldrich v. Pyatt, 64 Barb. (N. Y.) 391; Seymour v. Davis, 2 Sandf. (N. Y.) 239, 244; Price v. Lea, 1 Barn. & Ores. 158; Oil Co. v. Breioer, 66 Pa.
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Appeal from the Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) The first ear load, and the other car loads in question, were separate transactions, though the contract in reference to all was made at one time. Aldrich v. Pyatt, 64 Barb. (N. Y.) 391; Seymour v. Davis, 2 Sandf. (N. Y.) 239, 244; Price v. Lea, 1 Barn. & Ores. 158; Oil Co. v. Breioer, 66 Pa. St. 351; Moore v. Meacham, 10 N. Y. 207; •Manufacturing Go. v. Wake-field, 121 Mass. 91; Hunt v. Hecht, 8 Exc. 814; Wood on Statute of Frauds, secs. 321, 305, 325; Browne on Statute of Fi’auds [4 Ed.], sees. 334a, 335, 321c, 316«,…
1Opinion of the CourtGill, J.
This is a suit for damages resulting from defendant’s refusal to accept and pay for a lot of cab*223bages which he,had contracted to purchase from the plaintiff. There was a verdict and judgment below in plaintiff's favor for $482.97, and defendant appealed.
Plaintiff, a corporation, is and was at the dates hereinafter mentioned, engaged in the wholesale fruit and vegetable business, with its main office at Los Angeles, California, and a branch office at Kansas City, in charge of one Rounseville. At the same time defendant McKinney, under the name of McKinney Brothers, was engaged in the fruit and…
2Cases cited4 opinions
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- Kimball v. BrawnerSupreme Court of Missouri · 1871
3Cited by3 opinions
- Fairbanks , Morse & Co. v. Midvale Mining & Manufacturing Co.Missouri Court of Appeals · 1904
- Gray v. CooperMissouri Court of Appeals · 1925
- Hollrah-Dieckmann Refrigerator & Fixture Co. v. St. Louis House & Window Cleaning Co.Missouri Court of Appeals · 1914