Grafeman Dairy Co. v. St. Louis Dairy Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William Zacforits, 'Judge. (1) Defendant renounced the contract, and plaintiff’s right of action for profits lost, accrued at once. Berthold v. Co., 165 Mo. 280; Roehm v. Horst, 178 U. S. 1; Chapman v. Railroad, 146 Mo. 494; Gabriel v. Co., 57 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. William Zacforits, 'Judge. (1) Defendant renounced the contract, and plaintiff’s right of action for profits lost, accrued at once. Berthold v. Co., 165 Mo. 280; Roehm v. Horst, 178 U. S. 1; Chapman v. Railroad, 146 Mo. 494; Gabriel v. Co., 57 Mo. App. 526. (2) A vendee’s right to rescind the whole contract upon the failure of the vendor to properly deliver one installment, is waived by having accepted and paid for previous installments of the same kind. Scott v. Co., 89 Pa. St. 231; Morgan v. McKee, 77 Pa. St. 228; Cohen v. Platt, 69 N. Y.…
1Opinion of the CourtBland, P. J.
A short time prior to October 1, 1900, plaintiff company and defendant company, both corporations, entered into a verbal agreement whereby plaintiff agreed to make daily deliveries of condensed milk to the defendant, beginning on October 1, 1900, and to continue until October 1, 1901. This verbal agreement was acted on for some time by both parties when, at the request of J. P. Cabanne, president and general manager of the defendant, the agreement was reduced to writing by an officer of the plaintiff; after which it was executed by the plaintiff *497and in this form sent to Cabanne for the…
2Cases cited3 opinions
- McGrath v. GegnerCourt of Appeals of Maryland · 1893
- Hale v. CravenerIllinois Supreme Court · 1889
- Higby v. WhittakerOhio Supreme Court · 1837
3Cited by9 opinions
- Sunray DX Oil Co. v. Great Lakes Carbon Corp.Supreme Court of Oklahoma · 1970
- Ungerer & Co. v. Louis Maull Cheese & Fish Co.Missouri Court of Appeals · 1911
- State ex rel. Goodman v. Regent Laundry Co.Missouri Court of Appeals · 1916
- Muehlbach v. Missouri & Kansas Interurban Railway Co.Missouri Court of Appeals · 1912
- Shacklett v. CumminsMissouri Court of Appeals · 1914
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