Cal Hirsch & Sons Iron & Rail Co. v. Paragould & Memphis Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Jamos E. Withroio} Judge. (1) The contract is mutually binding on both parties. Laclede Const. Co. y. Iron Works, 169 Mo. 137; Williams y. Railroad, 112 Mo. 463. (2) The court erred in excluding the contract from evidence in the case.
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Appeal from St. Louis City Circuit Court. — Eon. Jamos E. Withroio} Judge. (1) The contract is mutually binding on both parties. Laclede Const. Co. y. Iron Works, 169 Mo. 137; Williams y. Railroad, 112 Mo. 463. (2) The court erred in excluding the contract from evidence in the case. See authorities under point 1. (3) The ruling of the court in excluding the contract from evidence, after it had been shown to have been duly executed by both parties in the case, precluded appellant from establishing its case and the nonsuit was therefore involuntary. Dowd v. Winters, 20 Mo. 361;' Sachse v.…
1Opinion of the CourtReynolds, P. J.
Plaintiff brought suit against the defendant on a written contract for the sale of 308 tons (2240 pounds per ton) of relaying T rails, together with splice bars, at a price of $29 per ton gross, to be delivered f. o. b. cars at St. Louis, Missouri, or East St. Louis, Illinois. It is averred in the petition, that the defendant had broken the contract to the damage of plaintiff in the sum of fifteen hundred dollars, for which he prays judgment, together with costs, and it is further averred that plaintiff is now ready and willing to deliver said 308 gross tons of rails as bargained and sold to…
2Cases cited1 opinion
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
3Cited by5 opinions
- Fuqua v. Lumbermen's Supply Co.Missouri Court of Appeals · 1934
- Malloy v. Egyptian Tie & Timber Co.Missouri Court of Appeals · 1923
- Outcault Advertising Co. v. WilsonMissouri Court of Appeals · 1915
- Royal Brewing Co. v. St. Louis Brewing Ass'nMissouri Court of Appeals · 1915
- State Ex Rel. Keeney v. AyersMontana Supreme Court · 1939