Johnston v. Parrott & Barnes
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) An oral agreement for sale, followed by delivery of tbe goods, constitutes a complete and valid contract of sale, and tbe property passes, tbougb tbe money is not to be paid and is not paid at tbe time of delivery.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) An oral agreement for sale, followed by delivery of tbe goods, constitutes a complete and valid contract of sale, and tbe property passes, tbougb tbe money is not to be paid and is not paid at tbe time of delivery. Cunningham v. Asbbrook, 20 Mo. 553; Ober. v. Carson’s Ex’r, 62 Mo. 209. (2) An agent failing to disclose tbe fact of bis agency at tbe time of making tbe contract, is liable as principal. 1 Am. and Eng. Encyc. Law (2 Ed.), 1122; Hamlin v. Abell, 120 Mo. 188; McClellan v. Parker, 27 Mo. 162; 1 Am. and Eng. Encyc. Law…
1Opinion of the CourtBroaddus, J.
On the ninth day of September, 1896, the defendants as partners, were doing business as commission dealers in Kansas City, Missouri, and on said day sold and delivered to the plaintiff ten head of cattle, which afterwards were proven to have been stolen by one Harry Orme from one D. W. Laughlin near Baird, Kansas. Plaintiff afterwards, and before it was ascertained that the animals had been stolen, sold them to one J. H. Donner of the State of Iowa, from whom they were subsequently recovered by the owner. Donner thereupon sued the plaintiff and recovered their value, with interest and costs,…
2Cases cited6 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Hall & Robinson v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1897
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3Cited by5 opinions
- Baker v. J. W. McMurry Contracting Co.Supreme Court of Missouri · 1920
- Coleman v. ReynoldsSupreme Court of Missouri · 1907
- Howard v. HaasMissouri Court of Appeals · 1908
- In Re VenieDistrict Court, W.D. Missouri · 1948
- Turner Lumber & Investment Co. v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1931