Riggins v. Missouri River, Fort Scott & Gulf Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. The uncertainty and indefiniteness of the instrument on its face, leaving out, among other things, any mention of a corresponding obligation on the part of the respondents to ship all, or any, of their lead by appellant’s road, show that it was intended, as respondents in their testimony state, as a memorandum of points to be included in a contract when Mr. Hayden should ascertain by what road he could best ship…
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Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. The uncertainty and indefiniteness of the instrument on its face, leaving out, among other things, any mention of a corresponding obligation on the part of the respondents to ship all, or any, of their lead by appellant’s road, show that it was intended, as respondents in their testimony state, as a memorandum of points to be included in a contract when Mr. Hayden should ascertain by what road he could best ship from Kansas City to St. Louis. Chicago v. Sheldon, 9 Wall. 50, 54; Bishop on Contracts, §§ 429, 598; St. Louis…
1Opinion of the CourtHenry, J.
This was a suit by plaintiffs against defendant for a breach of the following written contract:
“Kansas City, Mo., November 6th, 1872.
Lead from Raxter to St. Louis at 22-J per 1Ó0. All lead shipped by Chapman & Riggins to be forwarded by M. R., F. S. & Q-. R. R. at above rates from January 1st, 1873, to January 1st, 1874, and above rates guaranteed for same time.
H. J. Hayden, G-. F. A.
Riggins & Chapman.”
The breach alleged was, that within the year 1873, plaintiffs offered large quantities of lead to defendant for *601transportation by the latter under said contract, which defendant refused to…
2Cases cited2 opinions
- Miller v. McManisIllinois Supreme Court · 1870
- Paige v. Fullerton Woolen Co.Supreme Court of Vermont · 1854
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- Louisville, New Albany & Chicago Railway Co. v. FlanaganIndiana Supreme Court · 1887
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- Evansville & Terre Haute Railroad v. KeithIndiana Court of Appeals · 1893
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