Consumers' Glue Co. v. Samuel Bingham's Son Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — -Hem. Daniel D. Fisher, Judge. (1) Before a purchaser is entitled to recover lost profits 'which he might have made if the vendor had not failed to deliver the g’oods, he must show a valid sub-sale in contemplation of the parties at the time the original sale was contracted. G-uetzskow Bros. Co. v. Andrews & Co., 92 Wis. 214; Wilson v. Russler, 91 Mo.
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Appeal from St. Louis City Circuit Court. — -Hem. Daniel D. Fisher, Judge. (1) Before a purchaser is entitled to recover lost profits 'which he might have made if the vendor had not failed to deliver the g’oods, he must show a valid sub-sale in contemplation of the parties at the time the original sale was contracted. G-uetzskow Bros. Co. v. Andrews & Co., 92 Wis. 214; Wilson v. Russler, 91 Mo. App. 275. (2) A sale like any other agreement, to amount to a contract, must be certain in its terms. This is necessary in order to make a valid sub-sale. Stout v. Hardware Co., 131 Mo. App. 535; Lynch…
1Opinion of the CourtAllen, J.
This is an action for the breach by defendant of a contract for the sale by defendant to plaintiff of certain “old composition” taken from used printers’ rollers. There was a verdict and judgment for plaintiff below for $350 and the case is here on defendant’s appeal.
On or about November 27, 1912, defendant entered into a contract with plaintiff whereby defendant agreed to sell and plaintiff agreed to buy an ac*93cumulation of material spoken of as “old composition,” being a mixture of various things pressed into rollers for printing presses, and having been taken from used and discarded…
2Cases cited11 opinions
- Warren v. A. B. Mayer Manufacturing Co.Supreme Court of Missouri · 1901
- Hammond v. BeesonSupreme Court of Missouri · 1892
- Trigg v. ClaySupreme Court of Virginia · 1891
- McKay v. RileyCalifornia Supreme Court · 1884
- Mark v. H. D. Williams Cooperage Co.Supreme Court of Missouri · 1907
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3Cited by1 opinion
- Hefernan v. NeumondMissouri Court of Appeals · 1918