Price v. Vanstone
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The construction placed upon the written contract by the acts and conduct of the parties is that the defendant was to ship the wheat in such quantities as suited him by the carload; and that the plaintiffs were to pay cash for it as it was received. Defendant, when he shipped the three cars, drew on plaintiffs for the value of the three cars.
Read the full summary
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The construction placed upon the written contract by the acts and conduct of the parties is that the defendant was to ship the wheat in such quantities as suited him by the carload; and that the plaintiffs were to pay cash for it as it was received. Defendant, when he shipped the three cars, drew on plaintiffs for the value of the three cars. Plaintiffs received the three cars after they knew that defendant expected cash when they were received. Plaintiffs’ letters and petition in this case also show that plaintiffs so…
1Opinion of the CourtEllison, J.
The defendant on the thirty-first day of July, 1888, entered into a contract with plaintiffs, whereby he sold to them ten cars of number 2 wheat to *210be shipped in August, 1888, at seventy-four and one-half cents on track at Marshall, Missouri, St. Louis weight and grade. The grain to be loaded and shipped via the Chicago & Alton railroad and billed to PriceGrrimm Commission Company, St. Louis, Missouri, care of Merchants’ Elevator. It appears that there was another contract between the same parties for a ten-car lot of wheat, and that under the contract sued on appellant shipped three cars of…
2Cited by1 opinion
- Baer v. GlaserMissouri Court of Appeals · 1901