Universal Talking Machine Co. v. Rosenfield
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. H. L. Mc-Cwne, Judge. (1) The statement in the defendant’s letter that he was returning goods to the plaintiff for which he was entitled to and claimed a, credit on the account made the plaintiff’s claim a disputed, unliquidated one. Ostrander v. Scott, 161' Ill. 339; Coal Co. v. St.. Louis, 145 Mo. 651; Andrews v. Contracting Co., 100 Mo. App. 599; Cunningham v. Construction Co.,, 119 S. W. (Ky.) 76T; Coal Co. v. Coal Co., 127 M'o.
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Appeal from Jackson Circuit Court. — Hon. H. L. Mc-Cwne, Judge. (1) The statement in the defendant’s letter that he was returning goods to the plaintiff for which he was entitled to and claimed a, credit on the account made the plaintiff’s claim a disputed, unliquidated one. Ostrander v. Scott, 161' Ill. 339; Coal Co. v. St.. Louis, 145 Mo. 651; Andrews v. Contracting Co., 100 Mo. App. 599; Cunningham v. Construction Co.,, 119 S. W. (Ky.) 76T; Coal Co. v. Coal Co., 127 M'o. App. 320; Railroad v. Clark, 178 U. S. 358. (2) Tbe acceptance by the plaintiff oí the defendant’s check and its use and…
1Opinion of the CourtEllison, J.
Defendant, residing in Kansas City, Mo., owed the plaintiff, who resided in Chicago, Ill., an account for goods, wares and merchandise of $438.56. He claimed the right to return the goods unused, and so on the 30th of January, 1907, he wrote to plaintiff the following letter: “At the time I took your agency, it was agreed with your representative that I could give it up at any time I wished and return any goods that I might have on hands, and since our talking machine business is growing so I cannot give the Zonophone machines and records justice, so have decided to give up the agency and…
2Cases cited7 opinions
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- Adams v. HelmSupreme Court of Missouri · 1874
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- D. N. Lightfoot & Son v. Edward Hurd & Co.Missouri Court of Appeals · 1905
- Andrews v. W. R. Stubbs Contracting Co.Missouri Court of Appeals · 1903
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