Peoria Manufacturing Co. v. Bain Manufacturing Co.
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) We insist that after the orders were accepted by plaintiff, not separately but jointly, that each partjT became and was liable to carry out the arrangement as agreed on; that is, plaintiff was bound to sell and ship both the twine and the rope — and defendant was bound to receive and pay for the same, and that a refusal of either party to carry out the arrangement thus agreed on was a violation of the…
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Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) We insist that after the orders were accepted by plaintiff, not separately but jointly, that each partjT became and was liable to carry out the arrangement as agreed on; that is, plaintiff was bound to sell and ship both the twine and the rope — and defendant was bound to receive and pay for the same, and that a refusal of either party to carry out the arrangement thus agreed on was a violation of the contract or contracts and released the opposite party from any further obligation. (2) Plaintiff was undoubtedly led to…
1Opinion of the CourtEllison, J.
Plaintiff sued defendant for a balance on account. Defendant set up a counterclaim and certain damages growing out of an alleged breach of contract by plaintiff. The judgment below was for defendant for $21.53. Plaintiff did business at Peoria, Illinois, and defendant at Carrollton, Missouri.
statement. It appears that on October 9,1891, defendant ordered in writing of plaintiff ten thousand pounds of sisal-rope at six cents per pound and that afterward, on the same day, defendant ordered in writing of plaintiff fifteen thousand pounds of colored sisal twine. The first order was made as the…
2Cases cited2 opinions
- Kidd v. FleekWisconsin Supreme Court · 1879
- Joplin Water Co. v. BatheMissouri Court of Appeals · 1890
3Cited by2 opinions
- Wall v. St. Joseph Artesian Ice & Cold Storage Co.Missouri Court of Appeals · 1905
- Gill & Fisher v. Johnson-Brinkman Commission Co.Missouri Court of Appeals · 1900