Hall & Robinson v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) However, it is an uncontroverted fact in this case that they did deliver the grain to Nathan without demanding or receiving the purchase price, and without anything whatever being said on the subject at the time of the delivery. In such case the presumption is that the condition — payment on delivery — was waived, and the burden of proving the contrary rests on the vendor.
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Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) However, it is an uncontroverted fact in this case that they did deliver the grain to Nathan without demanding or receiving the purchase price, and without anything whatever being said on the subject at the time of the delivery. In such case the presumption is that the condition — payment on delivery — was waived, and the burden of proving the contrary rests on the vendor. Smith v. Lynes, 5 N. Y. 41; Smith v. Dennie, 6 Pick. 262; Charlton v. Sumner, 4 Pick. 516; Farlow v. Ellis, 15 Gray, 229; Scudder v. Bradbury, 106 Mass.…
1Opinion of the CourtSmith, P. J.
— This was an action of replevin to recover the possession of a certain quantity of oats and corn contained in certain cars under the control of defendant. There was a trial and judgment for the plaintiffs. Defendant has appealed. The facts which the evidence tends to prove are that the two cars of corn and one of. oats in controversy were purchased by plaintiffs and shipped to them from points in Kansas. After the arrival of the two cars of corn which came to Kansas City by the Union Pacific Railway Company, they were by plaintiffs ordered to be turned over to the defendant company and…
2Cases cited5 opinions
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
- Mathews v. CowanIllinois Supreme Court · 1871
- Selby v. McCulloughMissouri Court of Appeals · 1887
- State ex rel. Nelson Distilling Co. v. Green Tree Brewery Co.Missouri Court of Appeals · 1888
3Cited by16 opinions
- People's State Bank v. BrownSupreme Court of Kansas · 1909
- Dymock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1893
- Groomer v. McMillanMissouri Court of Appeals · 1910
- American Agricultural Chemical Co. v. ScrimgerCourt of Appeals of Maryland · 1917
- Masoner v. BellSupreme Court of Oklahoma · 1908
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