Famechon v. Devore
Missouri Court of Appeals
Appeal from Greene County Circu.it Court. — Hon. Guy D. Kirby, Judge. The position taken by the trial judge, on which he bases his judgment, is wholly untenable. When appellant offered to take out the extra weight, as soon as he could ascertain respondent’s reason for the refusal, and to reduce the draft, he complied strictly with every-condition of his contract. The'general offer to reduce the draft covered the little detail or item of the freight on the overage.
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Appeal from Greene County Circu.it Court. — Hon. Guy D. Kirby, Judge. The position taken by the trial judge, on which he bases his judgment, is wholly untenable. When appellant offered to take out the extra weight, as soon as he could ascertain respondent’s reason for the refusal, and to reduce the draft, he complied strictly with every-condition of his contract. The'general offer to reduce the draft covered the little detail or item of the freight on the overage. That item was not thought of by respondent and was not taken'into account by him in the rejection. The broad, general offer to…
1Dissent
*591DISSENTING OPINION.
STUBGIS, J.
I am compelled to dissent from the majority opinion in this case and as my dissent, would be meaningless without stating the grounds thereof, I shall do so briefly. I agree that the facts are not disputed but they are not fully stated. The plaintiff is really a commission merchant of Minneapolis, Minnesota, and bought the onions in question for defendant in Texas on a special order and had them there loaded in the car and shipped from Earedo, Texas, to Springfield, Missouri. The defendant knew this, as his preliminary inquiry was as to the price of Texas onions…
2Cases cited7 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Pierce Steam Heating Co. v. A. Siegel Gas Fixture Co.Missouri Court of Appeals · 1895
- Smith v. . PetteeNew York Court of Appeals · 1877
- Sutton v. RisserSupreme Court of Iowa · 1898
- Landesman v. GumersellMissouri Court of Appeals · 1885
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