Landesman v. Gumersell
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. The defendants were not legally obligated to accept any of the goods which are sued for, inasmuch as more were sent and charged to them than they had purchased. — Levy v. v. Green, L. J. 28, Exch. 319; Rommel v. Wingate, 103 Mass. 327-330; Benj. on Sales (1883, Am.
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Appeal from the St. Louis Circuit Court, Thayer, J. The defendants were not legally obligated to accept any of the goods which are sued for, inasmuch as more were sent and charged to them than they had purchased. — Levy v. v. Green, L. J. 28, Exch. 319; Rommel v. Wingate, 103 Mass. 327-330; Benj. on Sales (1883, Am. Note), sect. 531 et seq., and cases cited sect. 978 and sect. 1030. And were not required to return the goods. — Barton v. Kane, 17 Wis. 38-45; Larkin v. Mitchell, 42 Mich. 296; Grimoldby v. Wells, 10 C. P. L. R. 391. The defendants are not liable because there has been no demand…
1Opinion of the CourtRombauer, J.
When the seller in filling an order sends more goods than *461the buyer has ordered,, the buyer is under no legal obligation to accept any part of the goods. Rommell v. Wingate, 103 Mass. 327-330; Levy v. Green, L. J. 28, Ex. Ch. 319; Downer v. Thompson, 2 Hill, 137. This seems to be the settled law, and was recognized as such by the trial court in this cause in its instruction to the jury. But we are referred to no cases which hold, that under such circumstances it is the duty of the buyer to return the goods to the seller, if by return, a redelivery of the goods to the seller, wherever he may…
2Cases cited1 opinion
- Rommel v. WingateMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
- J. A. Ruhl Clothing Co. v. SingletonMissouri Court of Appeals · 1912
- Famechon v. DevoreMissouri Court of Appeals · 1914
- Calhoun v. PauleMissouri Court of Appeals · 1887
- Famechon v. DevoreMissouri Court of Appeals · 1914
- Famechon v. DevoreMissouri Court of Appeals · 1914
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