Corby Supply Co. v. Thompson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The fact that the defendant unloaded the pipe and took same into his possession when it arrived at its destination, and when the defendant had full knowledge of the delay, if any, in the delivery to the railroad and the delay in shipment, . constituted a complete acceptance of the pipe, even conceding that plaintiff was in default in making shipment.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The fact that the defendant unloaded the pipe and took same into his possession when it arrived at its destination, and when the defendant had full knowledge of the delay, if any, in the delivery to the railroad and the delay in shipment, . constituted a complete acceptance of the pipe, even conceding that plaintiff was in default in making shipment. And under the law of this State there only remained to the defendant the right to recoup by counterclaim for any damage he may have 'suffered by the delay. Wall v. Ice &…
1Opinion of the CourtNoetoni, J.
— This is a suit for the purchase price of certain metallic pipe sold by plaintiff to defendant. The finding and judgment were for plaintiff and defendant prosecutes the appeal. A jury was waived and a trial had before the court.
It appears plaintiff is engaged in the railway supply business in the city of St. Louis, and the metal pipe involved here was furnished on his account by the American Spiral Pipe Works of Chicago, Illinois. Defendant desired the pipe to be used at Glynn, Louisiana, and interviewed plaintiff thereabout on December 26. The evidence tends to prove that plaintiff sold…
2Cases cited4 opinions
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Redlands Orange Growers' Ass'n v. GormanSupreme Court of Missouri · 1901
- Wall v. St. Joseph Artesian Ice & Cold Storage Co.Missouri Court of Appeals · 1905
- American Zinc, Lead & Smelting Co. v. Markle Lead WorksMissouri Court of Appeals · 1903
3Cited by2 opinions
- Hercules Powder Co. v. State Board of EqualizationWyoming Supreme Court · 1949
- United Iron Works v. WagnerWashington Supreme Court · 1917