Sharp v. Hawkins
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Hon. L. B. Wood-side, Judge. Under the undisputed facts in this case, the plaintiff is not entitled to recover. Instruction number 7 asked by the defendant should have been given, also instructions numbers 1 and 6, refused by the court, declared the law correctly, and should have been given, if the case was to be submitted to the jury at all. This was a contract of sale and not a sale. No title passed. Benjamin on Sales (7 Am.
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Appeal from Dent Circuit Court. — Hon. L. B. Wood-side, Judge. Under the undisputed facts in this case, the plaintiff is not entitled to recover. Instruction number 7 asked by the defendant should have been given, also instructions numbers 1 and 6, refused by the court, declared the law correctly, and should have been given, if the case was to be submitted to the jury at all. This was a contract of sale and not a sale. No title passed. Benjamin on Sales (7 Am. Ed.), sec. 185, p. 165; Tiedeman on Sales (1 Ed.), sec. 87, 207, 208; Benjamin on Sales (4 Am. Ed.), p. 349 et. seq; Davidson v.…
1Opinion of the CourtBland, P. J.
The action is to recover a balance of $295, alleged to be due on the sale of a jack by plaintiff for $300. The answer was a general denial. Plaintiff recovered judgment from which defendant appealed in the usual way. The evidence shows that both parties reside in Dent county, but a considerable distance from each other. Defendant wanted to purchase a jack and learning that plaintiff had one for sale went *82to plaintiff’s house late in the afternoon of January 31, 1906, to see the jack. On the following morning defendant looked at the jack and agreed to pay plaintiff his jjtice ($300) and handed…
2Cases cited3 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Frazier v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1904
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1897
3Cited by4 opinions
- Skinner & Kennedy Stationery Co. v. Lammert Furniture Co.Missouri Court of Appeals · 1914
- Ficklin v. TinderMissouri Court of Appeals · 1912
- Ruediger v. DennisMissouri Court of Appeals · 1918
- Turner Lumber & Investment Co. v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1931