Consumers' Glue Co. v. Samuel Bingham's Son Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — -Hem. Daniel D. Fisher, Judge. (1) Before a purchaser is entitled to recover lost profits 'which he might have made if the vendor had not failed to deliver the g’oods, he must show a valid sub-sale in contemplation of the parties at the time the original sale was contracted. G-uetzskow Bros. Co. v. Andrews & Co., 92 Wis. 214; Wilson v. Russler, 91 Mo.
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Appeal from St. Louis City Circuit Court. — -Hem. Daniel D. Fisher, Judge. (1) Before a purchaser is entitled to recover lost profits 'which he might have made if the vendor had not failed to deliver the g’oods, he must show a valid sub-sale in contemplation of the parties at the time the original sale was contracted. G-uetzskow Bros. Co. v. Andrews & Co., 92 Wis. 214; Wilson v. Russler, 91 Mo. App. 275. (2) A sale like any other agreement, to amount to a contract, must be certain in its terms. This is necessary in order to make a valid sub-sale. Stout v. Hardware Co., 131 Mo. App. 535; Lynch…
1Opinion
ON MOTION FOR REHEARING-.
ALLEN, J.
It is strongly urged by respondent on motion for rehearing dhat the foregoing opinion is in conflict with that of the Springfield Court of Appeals in Martin v. Lumber Company, 167 Mo. App. *99381, 151 S. W. 984, cited in respondent’s brief and referred to by ns in the foregoing opinion. But.we do not think that there is in reality any snch conflict. In •the Martin case there was a special contract between plaintiff and defendant under which plaintiff constructed upon defendant’s property a mill for the manufacture of hubs, at great expense, and the contract…
2Cases cited1 opinion
- Martin v. Bunker-Culler Lumber Co.Missouri Court of Appeals · 1912