Calhoun v. Paule
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Georue W. Lubke, Judge. No acceptance of the engine in question was necessary to vest title in the defendant, Paule & Mummert having given a written order therefor. Rev. Stat., sect. 2514; Story on Sales (4 Ed.) sects. 257, 259, and notes. The delivery of the engine to the railroad company, consigned to Paule & Mummert, was a delivery to their agent, and vested title thereto in theta.
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Appeal from the St. Louis Circuit Court, Georue W. Lubke, Judge. No acceptance of the engine in question was necessary to vest title in the defendant, Paule & Mummert having given a written order therefor. Rev. Stat., sect. 2514; Story on Sales (4 Ed.) sects. 257, 259, and notes. The delivery of the engine to the railroad company, consigned to Paule & Mummert, was a delivery to their agent, and vested title thereto in theta. Graff v. Foster, 67 Mo. 512 ; Story on Sales (4 Ed.) sect. 806 and notes ; Schioabacher v. Kane, 13 Mo. App. 129. The plaintiff’s warranty being an express and special…
1Opinion of the Court
Thompson, J\,
delivered the opinion of the court.
This action was brought before a justice of the peace to recover the purchase price of a steam engine sold by the plaintiffs to the defendant. On a trial de novo, in the circuit court, the plaintiffs had a verdict and judgment for two hundred dollars, the sum being fifty dollars less than the agreed purchase price, from which judgment the defendant prosecutes this appeal. The plaintiffs were dealers in agricultural implements at -Carrollton, Illinois, and the defendant was engaged in business, in partnership with Mr. Mummert, at East Caron&elet,…
2Cases cited22 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
- Doane v. DunhamIllinois Supreme Court · 1872
- Branson v. TurnerSupreme Court of Missouri · 1883
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
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3Cited by6 opinions
- Phares v. Jaynes Lumber Co.Missouri Court of Appeals · 1906
- Enterprise Soap Works v. SayersMissouri Court of Appeals · 1892
- Enterprise Soap Works v. SayersMissouri Court of Appeals · 1893
- Henry Gaus & Sons Manufacturing Co. v. Magee, Lattimore & La Berge Manufacturing Co.Missouri Court of Appeals · 1890
- Callahan v. MorseMissouri Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.