Liebke v. Methudy
Missouri Court of Appeals
Error to the St. Louis Circuit Court, Thayer, J. The scale bill by which the plaintiffs-bought the logs in question became a part of the. contract of sale, so that defendants are bound by it, although not referred to in the memorandum or bill of sale.— Chapin v. Dobson, 78 N. Y. 74; Phelps v. Whitaker, 37 Mich. 72 ; Richards v. Fuller, 37 Mich. 161; Railroad Co. v. Walsh, 85 111. 58 ; Doulin v. Daegling, 80 III. 608; Greenleaf Er.
Read the full summary
Error to the St. Louis Circuit Court, Thayer, J. The scale bill by which the plaintiffs-bought the logs in question became a part of the. contract of sale, so that defendants are bound by it, although not referred to in the memorandum or bill of sale.— Chapin v. Dobson, 78 N. Y. 74; Phelps v. Whitaker, 37 Mich. 72 ; Richards v. Fuller, 37 Mich. 161; Railroad Co. v. Walsh, 85 111. 58 ; Doulin v. Daegling, 80 III. 608; Greenleaf Er. (9th ed.), sect. 283; Greenleaf (Redf. ed.), sect-. 284 a ; Wallis v. Little, C. B. (n. s.) 368 ; Wake v. Harop, 1 Hurl. & Colt. 200 ; Life Assn. v. Draven, 60 Mo.…
1Opinion of the CourtLewis, P. J.
The plaintiffs, as purchasers from the defendants of a lot of walnut logs which were lying in Reelfoot Creek, in the State of Tennessee, sue for breaches of the contract and guaranty embodied in the sale. The court sustained a demurrer to the plaintiffs’ evidence.
The testimony tended to show that Meyer, a member of the defendant firm, proposed to Liebke, one of the plaintiff partners, in the city of St. Louis, to sell to the plaiutiffs a lot of five hundred and twenty walnut logs, then lying in Keelfoot Creek and its tributaries, and at the same time handed to Liebke a scale bill, showing…
2Cases cited4 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Phelps v. WhitakerMichigan Supreme Court · 1877
- People ex rel. Hoffman v. Circuit JudgeMichigan Supreme Court · 1877
3Cited by6 opinions
- Bassett v. GloverMissouri Court of Appeals · 1888
- J. K. Armsby Co. v. EckerlyMissouri Court of Appeals · 1890
- Cerini v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1912
- Owsley v. JacksonMissouri Court of Appeals · 1912
- Elgin Jewelry Co. v. Withaup & Co.Missouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.