Heyworth v. Miller Grain & Elevator Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) If the contract provided simply for a sale of 12,000 quarters, then the “Gloucester” shipment was in compliance with the contract in all respects.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) If the contract provided simply for a sale of 12,000 quarters, then the “Gloucester” shipment was in compliance with the contract in all respects. (2) If the contract called for a cargo shipment, then the plaintiffs could reject the shipment, because it exceeded the quantity contracted for; but their unqualified acceptance amounted to a waiver of any breach of conditions — unless it can be said that the manner of shipment agreed upon constitutes a warranty. Stevens v. Mackay, 40 Mo. 224; Graff v. Poster, 67 Mo. 520.…
1Opinion of the CourtValliant, J.
Plaintiffs are partners composing a firm of merchants in Liverpool, engaged in the grain trade; defendant is a corporation in St. Louis engaged in like business. In 1892, .the two concerns had transactions together involving shipments of -corn by defendant at St. Louis to plaintiffs .in Liverpool. Out of these transactions, disagreements have . arisen between the parties which have led to this suit.
The plaintiffs’ petition is in three counts, each relating to a -separate transaction. The cause was by consent referred to Fred A. Wislizenus, Esquire, to try all the issues. The findings of the…
2Cases cited5 opinions
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Borders v. BarberSupreme Court of Missouri · 1884
- Irvine v. LeyhSupreme Court of Missouri · 1890
- Kimball v. BrawnerSupreme Court of Missouri · 1871
3Cited by4 opinions
- Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
- Holder v. SwiftCourt of Appeals of Texas · 1912
- Thompson v. Baltimore & OR Co.District Court, E.D. Missouri · 1945
- Jenkins v. Springfield Reduction & Chemical Co.Missouri Court of Appeals · 1913