Warren v. A. B. Mayer Manufacturing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The court erred in rejecting evidence as to the value of the iron. The witnesses should have been permitted to express their opinion of the value of the iron generally.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The court erred in rejecting evidence as to the value of the iron. The witnesses should have been permitted to express their opinion of the value of the iron generally. Railroad v. Norcross, 137 Mo. 415; Simmons v. Carrier, 68 Mo. 417. They should have been permitted to testify to its value for use in the building about to be constructed by the plaintiff as contradistinguished from its value as “scrap iron.” Shouse v. Nieswanger, 18 Mo. App. 236; Cochran v. Railroad, 113 Mo. 359; Hadley v. Baxendale, 9 Exch.- 341;…
1Opinion of the CourtGantt, J.
Plaintiff sued to recover damages to the amount of $3,060 for breach of a written contract evidenced *116by the following proposal and acceptance:
“Mr. Thomas Warren, City:
“Dear Sir,—
“We have this day sold to you such portion of the front of building, northeast corner Eighth and Olive streets, and such other iron as you may select, for the sum of $9 per ton, net ton of 2000 pounds, delivered at Eleventh and North Market streets. You to take the iron down at your own expense. Yours respectfully,
“A. B. Mayer Mfg. Co.,
“H. Mayer.
“It is understood that no wrought iron is included.
“Deceived and accepted…
2Cases cited7 opinions
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- Lanitz v. KingSupreme Court of Missouri · 1887
- Blood v. GoodrichNew York Supreme Court · 1832
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Rucker v. HarringtonMissouri Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Fisher v. MiceliSupreme Court of Missouri · 1956
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
22 more not listed; retrieve them via the Exa API.