Rickey v. Tenbroeck
Supreme Court of Missouri
Error to Cole Circuit Court. I. All persons having a legal interest in the matter in controversy should have been made parties nlaintiffs. (Wagn. Stat. 1870, §§2,4, 6.) II.
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Error to Cole Circuit Court. I. All persons having a legal interest in the matter in controversy should have been made parties nlaintiffs. (Wagn. Stat. 1870, §§2,4, 6.) II. The plaintiffs, if entitled to recover at all, could only recover the difference between the contract nrice and the market value of the cattle in the market where they were to he delivered (in this case at the City of Jefferson). (Whitmore v. Coats, 14 Mo. 9 ; White vs. Salisbury, 38 Mo. 150 ; Koeltz vs. Bleckman, 46 Mo. 320.) III. The delivery in this case was not such as to take the case out of the statutes of frauds.…
1Opinion of the CourtNorton, Judge
This suit was brought in the circuit court of Cole county for the recovery of damages for an alleged breach of contract for the sale of fifty-two head of cattle. The petition alleges that plaintiffs, in May, 1873, sold defendants fifty-two head of beef cattle at four and a quarter cents per pound for fifty head, and four cents per pound for the other two head; that it was agreed that the two cattle should be delivered to defendants the following week after the sale, and the other fifty in lots of fifteen per week, beginning about the first of June ensuing, *566until all were received. It is…
2Cases cited11 opinions
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Allen v. JarvisSupreme Court of Connecticut · 1849
- Kellogg v. MalinSupreme Court of Missouri · 1876
- Outwater v. DodgeNew York Supreme Court · 1831
- Whitmore v. CoatsSupreme Court of Missouri · 1851
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- E. B. Waples & Co. v. H. C. Overaker & Co.Texas Supreme Court · 1890
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Warren v. A. B. Mayer Manufacturing Co.Supreme Court of Missouri · 1901
- Carolina Portland Cement Co. v. Columbia Improvement Co.Court of Appeals of Georgia · 1908
33 more not listed; retrieve them via the Exa API.