Metropolitan Rubber Co. v. Monarch Rubber Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The court erred in its instruction given of its own motion, because it misrecited the facts therein and because it conflicted with the other instructions given.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The court erred in its instruction given of its own motion, because it misrecited the facts therein and because it conflicted with the other instructions given. It was reversible error for the court to admit in evidence any portion of the order for goods except that covering the goods in controversy, and it was likewise error in admitting in evidence the various letters between the parties concerning other goods than those in controversy for the reason that such evidence tended to prejudice the minds of the jury…
1Opinion of the CourtBond, J.
— In a general order for goods given plaintiff by defendant on the nineteenth of June, 1896, to be shipped during the following fall and summer, was included the following item: ' “At once 342 Mens 350 Cape ets, as given by Mr. Dowse.”
The item thus referred to was shipped by plaintiff on the twenty-ninth of June, and reached the store of defendant in St. Louis on the sixth day of July following. Upon an inspection of the shipment it was discovered that three hundred and fifty-seven rubber coats had been sent. It was further discovered that there was a difference in the linings of a large…
2Cases cited3 opinions
- Tower v. PaulyMissouri Court of Appeals · 1892
- Griffith v. HanksSupreme Court of Missouri · 1886
- Roberts v. BoultonMissouri Court of Appeals · 1894
3Cited by6 opinions
- Hymer v. Dude Hinton Pontiac, Inc.Missouri Court of Appeals · 1960
- Manley v. Crescent Novelty Manufacturing Co.Missouri Court of Appeals · 1903
- Emery v. G. H. Boehmer Shoe Co.Missouri Court of Appeals · 1912
- Western Silo Co. v. CousinsSupreme Court of Oklahoma · 1919
- Barber Medicine Co. v. BradleySupreme Court of Oklahoma · 1915
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