Enterprise Soap Works v. Sayers
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) If respondent found the goods were not up to the sample in quality, it had a right to rescind the contract, and sue for the purchase money paid thereon, or to affirm the contract and sue upon the warranty for a breach thereof. Wharton on Contracts, sec. 282; Benjamin on Sales [4 Am. Ed.] sec. 882; Walls v. Gales, 6 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) If respondent found the goods were not up to the sample in quality, it had a right to rescind the contract, and sue for the purchase money paid thereon, or to affirm the contract and sue upon the warranty for a breach thereof. Wharton on Contracts, sec. 282; Benjamin on Sales [4 Am. Ed.] sec. 882; Walls v. Gales, 6 Mo. App. 243. (2) Having elected to rescind the contract and sue for the purchase money due by it, the contract became annulled for all purposes, and the respondent is bound by that election, to treat…
1Opinion of the CourtBiggs, J.
On the twenty-fifth day of October, 1889, the defendants, who are in business in the city of St. Louis, sent the following letter to plaintiff, a corporation doing business in the city of Nashville, in the state of Tennessee: “We to-day mail you a sample of prime tallow which passed through fire, and is in consequence discolored by smoke, in every other respect is uninjured. We can sell you one hundred and fifty barrels of same (in syrup barrels) at four and one-eighth cents per pound, we paying freight to your city. Above, provided unsold when hearing from you. Please wire at our expense if…
2Cases cited9 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Nanson v. JacobSupreme Court of Missouri · 1887
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Bank of Beloit v. . BealeNew York Court of Appeals · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Garrett v. John V. Farwell Co.Illinois Supreme Court · 1902
- Drolshagen v. Union Depot RailroadSupreme Court of Missouri · 1905
- Enterprise Soap Works v. SayersMissouri Court of Appeals · 1893
- Trimble v. WollmanMissouri Court of Appeals · 1897
- Snyder v. TolerMissouri Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.