Sterling Silver Manufacturing Co. v. Worrell
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — lion. James D. Barnett, Judge. (1) The trial court erred in refusing to instruct the jury that the defendant retained possession of the goods an unreasonable time after receiving them and before returning them to the appellants, and the court should have so instructed the jury. Rubber Co. v. Rubber Co., 74 Mo. App. 266; Bransen v. Tanner, 77 Mo. 489; Parker v. Marquis, 64 Mo. 38; Hart v. Handlin, 43 Mo. 171; Johnson v. Mfg. Co., 20 Mo.
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Appeal from Audrain Circuit Court. — lion. James D. Barnett, Judge. (1) The trial court erred in refusing to instruct the jury that the defendant retained possession of the goods an unreasonable time after receiving them and before returning them to the appellants, and the court should have so instructed the jury. Rubber Co. v. Rubber Co., 74 Mo. App. 266; Bransen v. Tanner, 77 Mo. 489; Parker v. Marquis, 64 Mo. 38; Hart v. Handlin, 43 Mo. 171; Johnson v. Mfg. Co., 20 Mo. App. 100; Tower v. Panly, 51 Mo. App. 75; Manley y. Novelty Co., 103 Mo. App. 140. (1) Defendant had the right to return…
1Opinion of the CourtReynolds, P. J.
Plaintiffs, a partnership doing business under the firm name of Sterling Silver Manufacturing Company, brought this action to. recover the contract price of $128.62 for various articles of silverware sold and delivered to defendant, the payment for which it is averred, was refused. Plaintiffs’ place of business is at the city of Providence, in the State of Rhode Island. Defendant' carries on the business of a jeweler and dealer in silverware at the city of Mexico, this State. The contract of sale was made on March 4, 1910, the goods to be shipped May 1st of that year, defendant desiring them…
2Cases cited9 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Williams v. PowellMassachusetts Supreme Judicial Court · 1869
- Tower v. PaulyMissouri Court of Appeals · 1892
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3Cited by3 opinions
- Hymer v. Dude Hinton Pontiac, Inc.Missouri Court of Appeals · 1960
- Wanstrath Real Estate Co. v. WenzMissouri Court of Appeals · 1914
- Marth v. WiskerchenMissouri Court of Appeals · 1915