Nugent v. Armour Packing Co.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The letter of March 14, 1900', was not an order for dimension stone. Unquestionably this letter had to do with the contract. It was either an order for stone under the contract, or it was a modification of the contract, either as a matter of law, or as a matter of fact, by the understanding (or the mutual misunderstanding) of both the parties. It was not an order independent of the contract.
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Transferred from Kansas City Court of Appeals. (1) The letter of March 14, 1900', was not an order for dimension stone. Unquestionably this letter had to do with the contract. It was either an order for stone under the contract, or it was a modification of the contract, either as a matter of law, or as a matter of fact, by the understanding (or the mutual misunderstanding) of both the parties. It was not an order independent of the contract. The letter plainly shows that it had to do with some arrangement previously fixed upon between the parties, and without reference to the contract it…
1Opinion of the CourtLamm, J.
Nugent, a quarryman, sued defendant corporation for “1,000 perches of footing or heavy dimension stone” sold and delivered by him to it. The theory counted on was a quantum valebat — the reasonable worth put at $1.50 per perch. Deducting payments, recovery was sought for $935.05 with interest.
The answer follows:
“Defendant for amended answer to plaintiff’s petition denies generally each and every allegation therein contained.
“Further answering defendant says there is a defect of parties plaintiff, in that Emmett Y. Starr is a necessary party hereto.”
Unfortunate below, defendant appealed to the…
2Cases cited25 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Donnell v. HarsheSupreme Court of Missouri · 1877
- McDonald v. MatneySupreme Court of Missouri · 1884
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Musser v. BrinkSupreme Court of Missouri · 1878
20 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lewis v. ThompsonMissouri Court of Appeals · 1936
- National Bank of Commerce v. FrancisSupreme Court of Missouri · 1922
- Sawyer v. BurrisMissouri Court of Appeals · 1909
- Miller v. MillerSupreme Court of Missouri · 1925
- Finnell v. KelloggMissouri Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.