Stevens v. McKay
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The plaintiffs brought suit for $359.80 on an agreement in writing, which read as follows: “We, the undersigned, agree to receive from Messrs. Stevens & Young about five hundred (500) barrels selected jeniton apples, at Quincy, at two dollars and five cents ($2.05) per bbl., at their cellar. Also, about one hundred barrels, same kind, at Clarksville, Mo., at one dollar and seventy-five cents ($1.75) per bbl.
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Appeal from St. Louis Circuit Court. The plaintiffs brought suit for $359.80 on an agreement in writing, which read as follows: “We, the undersigned, agree to receive from Messrs. Stevens & Young about five hundred (500) barrels selected jeniton apples, at Quincy, at two dollars and five cents ($2.05) per bbl., at their cellar. Also, about one hundred barrels, same kind, at Clarksville, Mo., at one dollar and seventy-five cents ($1.75) per bbl. Clarksville, March 18, 1862. McKay & Hood.” The defendants’ counterpart of the same contract is this: “ We, the undersigned, agree to furnish Messi’s.…
1Opinion of the Court
Fagg, Judge,
delivered tlie opinion of tlie court.
The counsel for the appellants really insists upon only two grounds for the reversal of the judgment in this case. The first is that the court gave inconsistent and conflicting instructions ; and second, that the third instruction given for the plaintiffs was not warranted by the evidence. An examination ,of these two points will not require an extended statement of the case.
It seems to have been a suit instituted in the Circuit Court of St. Louis county to recover of defendants a balance of three hundred and fifty-nine and dollars, alleged to…
2Cited by5 opinions
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- Alabama Steel & Wire Co. v. SymonsMissouri Court of Appeals · 1904
- General Electric Co. v. Interstate Electric Co.Court of Appeals of Kansas · 1919
- Redlands Orange Growers Ass'n v. GormanMissouri Court of Appeals · 1898