Andrews v. Schreiber
U.S. Circuit Court for the District of Western Missouri
.The plaintiffs, who are commission grain merchants at Kansas City, Mo., brought action against the defendant, a shipper of grain from Otis, Ka,n., on a contract calling for the sale of 15,000 bushels of Ko. 2 hard wheat, at 57 ceuts per bushel on the cars at Otis, Kim., to he inspected by the state inspector and weighed at Kansas City, Mo., after deducting the expenses of weighing and inspection.
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.The plaintiffs, who are commission grain merchants at Kansas City, Mo., brought action against the defendant, a shipper of grain from Otis, Ka,n., on a contract calling for the sale of 15,000 bushels of Ko. 2 hard wheat, at 57 ceuts per bushel on the cars at Otis, Kim., to he inspected by the state inspector and weighed at Kansas City, Mo., after deducting the expenses of weighing and inspection. The second count of the petition upon which the court rendered judgment claimed as damages a shortage in the quantity shipped ÍJby the defendant; and also for damages in the difference in the…
1Opinion of the CourtPhilips, District Judge
(after stating the facts as above). The important question, lying at the very threshold of this controversy, is, when was the contract for the shipment of wheat by the defendant to the plaintiffs entered into and completed? Both parties are agreed, in effect, by the pleadings, and in argument before the court, that at some time in July, 1897, these parties did make a contract whereby the •defendant agreed to ship to the plaintiffs, and the plaintiffs to take on the railroad track at Kansas City, 15,000 bushels of Ho. 2 hard .wheat, to be delivered within 15 days, at 57 cents per bushel, less…
2Cases cited29 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
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3Cited by4 opinions
- Schreiber v. AndrewsCourt of Appeals for the Eighth Circuit · 1900
- Western Surety Co. v. Redman Rice Mills, Inc.Court of Appeals for the Eighth Circuit · 1959
- Meyer, Wilson & Co. v. Everett Pulp & Paper Co.U.S. Circuit Court for the District of Western Washington · 1911
- Western Surety Company, a Corporation, and Essex Grain Company, a Corporation v. Redman Rice Mills, Inc., Western Surety Company, a Corporation, and Essex Grain Company, a Corporation v. Kaplan Rice Mills, Inc.Court of Appeals for the Eighth Circuit · 1959