Montgomery v. Gann
Missouri Court of Appeals
Appeal from the Buchanan Circuit Coivrt. — Hon. A. M. Woodson, Judge. • (1) The court committed error in refusing to permit appellants to prove by respondent, that the wheat he put into the car and shipped was wet, musty and worthless. Respondent claims that he sold appellants good wheat. (2) The court refused to permit appellants to prove by respondent how much bad wheat he put into said car by mistake, and of course this was error, and material error.
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Appeal from the Buchanan Circuit Coivrt. — Hon. A. M. Woodson, Judge. • (1) The court committed error in refusing to permit appellants to prove by respondent, that the wheat he put into the car and shipped was wet, musty and worthless. Respondent claims that he sold appellants good wheat. (2) The court refused to permit appellants to prove by respondent how much bad wheat he put into said car by mistake, and of course this was error, and material error. The wheat respondent put into said car by mistake was not -the wheat which he claimed to have sold to appellants. (3) Appellants never saw…
1Opinion of the CourtEllison, J.
Plaintiff sold to defendants four hundred and seventy-three and seventy-five-hundredths bushels of wheat at $1 per bushel, the wheat to be delivered by plaintiff on a car at Eaucett, a railroad *190station. Plaintiff not receiving Ms pay sued defendants and recovered judgment, from which defendants ■appeal. Defendants’ answer was a general denial.
The evidence shows that the wheat, which is involved in this transaction, was a specific lot of grain which was examined by defendants at the time they purchased. Under the issue made by defendants’ general denial, it was necessary for plaintiff to make…
2Cases cited2 opinions
- Guinotte v. RidgeMissouri Court of Appeals · 1891
- H. T. Keown & Co. v. VogelMissouri Court of Appeals · 1887
3Cited by2 opinions
- Joseph Schlitz Brewing Co. v. Missouri Poultry & Game Co.Supreme Court of Missouri · 1921
- Kemper v. AdamsMissouri Court of Appeals · 1919