Glasgow v. Nicholson
Supreme Court of Missouri
Appeal from, St, Louis Law Commissioner’s Court. This was an action for the price of a hogshead of sugar alleged to have been sold and delivered to defendant by plaintiffs.
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Appeal from, St, Louis Law Commissioner’s Court. This was an action for the price of a hogshead of sugar alleged to have been sold and delivered to defendant by plaintiffs. The court found the following facts : “ That the plaintiffs were the owners of ten hogsheads of sugar, which were on the last day of November, 1854, lying on the wharf of the city of St. Louis ; that the defendant purchased five of the said hogsheads by sample at their store, and requested them to have the sugar weighed early next morning. The next morning the hogsheads were weighed by a city weigher. A certificate of the…
1Opinion of the CourtScott, Judge
When goods are so ponderous and bulky that they can not be manually delivered, or when they are not in the personal custody of the seller, the law does not require an actual delivery, but only that they be placed in the power of the pur■chaser, or that his authority as owner be acknowledged by some formal act or declaration of the seller. The law never insists upon an actual delivery when it would be impracticable. The delivery of the key of the warehouse in which the .'goods sold are deposited, or the transferring them on the books of the wharfinger or warehouse keeper to the name of the…
2Cited by6 opinions
- Ober v. Carson'sSupreme Court of Missouri · 1876
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Bass v. WalshSupreme Court of Missouri · 1866
- Glass v. Blazer Bros.Missouri Court of Appeals · 1902
- Puckett v. ReedSupreme Court of Arkansas · 1876
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