J. K. Armsby Co. v. Eckerly
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon-James E. Withrow, Judge. (1) The court admitted improper evidence for plaintiff: First, the dispatch ; second, evidence as to what was said at the time of making contract; third, as to what passed between plaintiff and its broker before the alleged sale was agreed upon, or sale note made. Scarritt v. Church, 7 Mo. App. 175; Schlessinger v.. Railroad, 13 Mo. App. 471, and 87 Mo. 146; Hotel Co. v. Bailey, 3 Mo.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon-James E. Withrow, Judge. (1) The court admitted improper evidence for plaintiff: First, the dispatch ; second, evidence as to what was said at the time of making contract; third, as to what passed between plaintiff and its broker before the alleged sale was agreed upon, or sale note made. Scarritt v. Church, 7 Mo. App. 175; Schlessinger v.. Railroad, 13 Mo. App. 471, and 87 Mo. 146; Hotel Co. v. Bailey, 3 Mo. App. 598. (2) There was no evidence’ to support the judgment, and, under instructions' given for defendant, there could, on the…
1Opinion of the CourtThompson, J.
The plaintiff claims to have sold to the defendant, through a broker, on or about the ninth of September, 1887, one carload containing five hundred boxes of evaporated apples, star brand, to be shipped from western New York the following week, at the price of ten and three-fourths cents per pound ; that, when the shipment arrived, the defendant refused to receive the same; whereupon the plaintiff, after notifying the defendant and inviting sealed bids, sold them to the highest bidders, and now seeks to recover the difference between what the defendant agreed to give for them, and what they…
2Cases cited5 opinions
- O'Neil v. CrainSupreme Court of Missouri · 1878
- Moore v. MountcastleSupreme Court of Missouri · 1875
- Lash v. ParlinSupreme Court of Missouri · 1883
- Heideman v. WolfsteinMissouri Court of Appeals · 1882
- Liebke v. MethudyMissouri Court of Appeals · 1883
3Cited by4 opinions
- Peycke Bros. v. AhrensMissouri Court of Appeals · 1903
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Riddle Dees v. CastnerMissouri Court of Appeals · 1919
- Edwards v. WatsonSupreme Court of Missouri · 1914