P. C. Thompson & Co. v. Massey
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. The contract between the Headley Grocer Company and plaintiff is not one of sale, but of consignment to sell, and plaintiff is entitled to recover. Peet v. Spencer, 90 Mo. 381; Walker v. Butterick, 105 Mass. 237; Bank v. Benedict &Co., 74 Fed. Rep. 182; Lenz v. Harrison, 36 N. E. Rep.
Read the full summary
Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. The contract between the Headley Grocer Company and plaintiff is not one of sale, but of consignment to sell, and plaintiff is entitled to recover. Peet v. Spencer, 90 Mo. 381; Walker v. Butterick, 105 Mass. 237; Bank v. Benedict &Co., 74 Fed. Rep. 182; Lenz v. Harrison, 36 N. E. Rep. (111.) 567; Powder Co. v. Hildebrand, 137 Ind. 462 (37 N. E. Rep. 136); Williams Bros. v. Davis, 47 Iowa, 363; Bayless v. Davis, 47 Iowa, 340; Cordage Co. v. Sims, 62 N. W. Rep. (Neb.) 514; Tiedeman on Sales, sec. 8; Benjamin on Sales (See…
1Opinion of the CourtBond, J.
S TATE ¡VTE N T Plaintiffs, who are soap dealers living in Philadelphia, through their general agent, sought to sell their wares to the Headley Grocer Company, a business corporation, located at Springfield, Missouri. The goods in question were new in that market, and the president of the Headley Grocer Company refused to buy outright upon the proposal of plaintiff, but agreed to take certain of their goods upon the terms expressed in the following memorandum :
“December 30. P. C. Thompson & Co.:
5 oases Quaker soap lye, $3.00 per ease.
20 oases Old Country lye, $3.00 per ease.
20 oases Hoe Cake…
2Cases cited5 opinions
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Jacobi v. JacobiSupreme Court of Missouri · 1890
- Swafford Bros. Dry Goods Co. v. JacobsMissouri Court of Appeals · 1896
- Bicking v. StevensMissouri Court of Appeals · 1897
- Russell v. RutherfordMissouri Court of Appeals · 1894
3Cited by4 opinions
- T. L. Smith Co. v. OrrCourt of Appeals for the Eighth Circuit · 1915
- Hart v. Emmerson-Brantingham Co.District Court, E.D. Missouri · 1913
- In re BennettDistrict Court, W.D. Missouri · 1920
- J. Landis Shoe Co. v. HudsonCourt of Appeals for the Eighth Circuit · 1929