Legal Opinion

Outcault Advertising Co. v. Wilson

Missouri Court of Appeals

Decided January 5, 1915Published

Appeal from Montgomery Circuit Court.-^-Hon. James D. Barnett, Judge. (1) The contract, in the case was complete, between the plaintiff and defendant, when signed, delivered and excepted, and the defendant cannot escape his liability for the agreed price and value of the goods purchased, by his refusal to receive them after they arrived at New Florence, on the 27th day of January, 1912. Price v. Atkinson, 117 Mo.

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Appeal from Montgomery Circuit Court.-^-Hon. James D. Barnett, Judge. (1) The contract, in the case was complete, between the plaintiff and defendant, when signed, delivered and excepted, and the defendant cannot escape his liability for the agreed price and value of the goods purchased, by his refusal to receive them after they arrived at New Florence, on the 27th day of January, 1912. Price v. Atkinson, 117 Mo. App. 52. (2) A breach of a contract that does not go to the whole conditions of the contract, will not authorize a rescission of the contract, where such breach can be compensated…

1Opinion

ON MOTION FOB BEHEABINGr.

ALLEN, J.

— It is urged that the foregoing opinion is directly in conflict with that of the Springfield .Court of Appeals in Outcault Advertising Company v. Barnes, 176 Mo. App. 307, 162 S. W. 631, which was *499not called to our attention. It is clear, however, that no such conflict exists. In the last-mentioned case defendant signed an order similar to that here involved, and plaintiff by letter accepted and agreed to fill the same. Thereafter defendant wrote plaintiff a letter seeking to cancel the order, but plaintiff’s proof showed that the goods had been shipped…

2Cases cited1 opinion

  1. Outcult Advertising Co. v. BarnesMissouri Court of Appeals · 1914

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