American Paper Pail & Box Co. v. Oakes
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. ■ P. R. Elitcraet, Judge. The rule is well settled that, as long as contracts of sale remain executory, the vendee is not bound to accept a chattel which is different from the chattel sold, whether the difference be one in kind, quantity or quality. Henry Gaus & Sons Mfg. Co. v. Magee, etc., Mfg. Co. 42 Mo. App. 307; Gaibout v. Clark, 24 Mo. App. 426; Calhoun v. Paule, 26 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. ■ P. R. Elitcraet, Judge. The rule is well settled that, as long as contracts of sale remain executory, the vendee is not bound to accept a chattel which is different from the chattel sold, whether the difference be one in kind, quantity or quality. Henry Gaus & Sons Mfg. Co. v. Magee, etc., Mfg. Co. 42 Mo. App. 307; Gaibout v. Clark, 24 Mo. App. 426; Calhoun v. Paule, 26 Mo. App. 274; Hawkins v. Pemberton, 51 N. Y. 198; Pope v. Allis, 115 U. S. 363. Where there is a breach of warranty, the vendee may return the property and rescind the…
1Opinion of the CourtBond, J.
Plaintiff sued defendants for refusal to accept twenty-four thousand, one hundred and sixty-five paper boxes, which are claimed to have been delivered as the second installment provided for in the following contract:
“St. Louis, August 8, 1891.
“We agree to furnish the Oakes’ Candy Company with 50,000 1-2 lb. candy boxes, like sample herewith, for the sum of $8.50 per thousand, the 50,000 to be taken inside of twelve months from date hereof, quality and style guaranteed ■ to be as good as sample; 25,000 to be taken November 1, 1891.
“American Paper Pail & Box Co.
“Thal.
“Accepted,
“Oakes’ Candy Co.”
2Cases cited2 opinions
- Cahen v. . PlattNew York Court of Appeals · 1877
- Hubbard v. GeorgeIllinois Supreme Court · 1868
3Cited by3 opinions
- Coburn v. California Portland Cement Co.California Supreme Court · 1904
- Shotwell-Johnson Co. v. C. O. D. Tractor Co.Supreme Court of Minnesota · 1923
- Valley Refining Co. v. Rock Island Refining Co.Supreme Court of Oklahoma · 1934