Kingman Plow Co. v. Joyce
Missouri Court of Appeals
Appeal from Scott Circuit Court. — Hon. James A. Finch, Judge. (1) The transaction between plaintiff and defendant constituted a sale by plaintiff to the defendant of sixteen wagons at the price of $55 each and five wagon boxes at the price of $12 each, and none of the conditions expressed upon said contract in any manner or degree deprived the transaction of any of the attributes of a sale of personal property, binding upon both of the parties thereto.
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Appeal from Scott Circuit Court. — Hon. James A. Finch, Judge. (1) The transaction between plaintiff and defendant constituted a sale by plaintiff to the defendant of sixteen wagons at the price of $55 each and five wagon boxes at the price of $12 each, and none of the conditions expressed upon said contract in any manner or degree deprived the transaction of any of the attributes of a sale of personal property, binding upon both of the parties thereto. Tufts v. Wynne, 45 Mo. App. 42; Snyder, Exec. v. .Murdock, 51 Mo. 175; Walker v. Owen, 79 Mo. 563, 569; Lavalley v. Ravenna, 2 L. R. A. .(N.…
1Opinion of the CourtAllen, J.
This is an action to recover the sum of $610, the alleged purchase price of certain personalty delivered by plaintiff to the Farmers’ Mercantile Company. Plaintiff corporation conducts a wholesale business, and in 1910 the Farmers’ Mercantile Company, a corporation (hereinafter referred to as the “Mercantile Company”), was engaged in conducting a retail store at Yanduser, Scott county, Missouri. Under a written order executed by the Mercantile Company on September 3, 1910, plaintiff shipped to it fifteen wagons and five “Clinton boxes.” It appears that three of the wagons were afterwards…
2Cases cited7 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- In re Columbus Buggy Co.Court of Appeals for the Eighth Circuit · 1906
- Snyder v. MurdockSupreme Court of Missouri · 1872
- Tufts v. Wynne & ThompsonMissouri Court of Appeals · 1891
- Packard Piano Co. v. WilliamsMissouri Court of Appeals · 1912
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3Cited by2 opinions
- Marrinan Medical Supply, Inc. v. Ft. Dodge Serum Co.Court of Appeals for the Eighth Circuit · 1931
- Globe Securities Co. v. Gardner Motor Co.Supreme Court of Missouri · 1935