Rhodes v. Holladay-Klotz Land & Lumber Co.
Missouri Court of Appeals
Appeal from Wayne Circuit Court. — -Row. F. R. Dearing, Judge. (1) By the contract the defendant was constituted the judge as to the quality of logs to he furnished, and as to when prices for the lumber were satisfactory, and it is not liable where no intentional violation of the contract is shown.
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Appeal from Wayne Circuit Court. — -Row. F. R. Dearing, Judge. (1) By the contract the defendant was constituted the judge as to the quality of logs to he furnished, and as to when prices for the lumber were satisfactory, and it is not liable where no intentional violation of the contract is shown. Blaine v. Knapp & Co. 140 Mo. 250; Mnllaly v. Greenwood, 127 Mo. 146, Lawson on Contracts, sec. 409; Bass v. Henderson, 105 La. 691; Machine Co. v. Smith, 50 Mich. 565; Manufacturing Co. v. Ellis, 35 N. W. 841; Printing Co. v. Thorp, 36 Fed. 416; Singerly v. Thayer, 108 Pa. 291; "Williams v.…
1Opinion of the CourtBland, P. J.
(after stating the facts as above).
1. Plaintiff offered evidence in chief tending to prove that the defective and unsalable condition of the 800,000 feet of lumber resulted from the unsound and defective logs, furnished him by defendant, out of which the lumber was sawed. This character of evidence was objected to by defendant on the ground that there was no averment in the petition that there were any defects in the timber.
The answer alleged that the defects in the lumber left over was in manufacturing of it by defendant.
The reply tacitly admitted that the lumber was defective. To avoid the…
2Cases cited10 opinions
- Coombs Commission Co. v. BlockSupreme Court of Missouri · 1895
- American Publishing & Engraving Co. v. WalkerMissouri Court of Appeals · 1901
- Morrison v. YanceyMissouri Court of Appeals · 1886
- Albers v. Merchants' ExchangeSupreme Court of Missouri · 1897
- Flynt v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mathieson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Red-E-Gas Company v. MeadowsMissouri Court of Appeals · 1962
- State Ex Rel. Bush v. SturgisSupreme Court of Missouri · 1920
- Moran Bolt & Nut Manufacturing Co. v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Simpson v. BantleyMissouri Court of Appeals · 1910
8 more not listed; retrieve them via the Exa API.