Houghtaling v. Ball
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was an action brought to recover the price of wheat, alleged in the petition to have been sold and delivered at Chicago, Illinois, to be paid for upon its arrival in St. Louis* The case was once before in this court. (19 Mo.
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Error to St. Louis Circuit Court. This was an action brought to recover the price of wheat, alleged in the petition to have been sold and delivered at Chicago, Illinois, to be paid for upon its arrival in St. Louis* The case was once before in this court. (19 Mo. Rep. 84.) At the trial before a jury, there was evidence tending to show that the defendants contracted with the plaintiff at Chicago for the purchase of about 2,900 bushels of wheat, at a stipulated price, to be paid upon its arrival in St. Louis, to which place, as appeared, the plaintiff had previously made a bargain with G\ W.…
1Opinion of the CourtScott, Judge
This case is here a second time, and on the same question that was determined when it was here before. The real question is one of fact, and the aim of the plaintiff is, to have that fact tried by a jury, viz : whether the contract set out in the petition was not so completed in the state of Illinois by a delivery of the wheat, as to avoid the objection to it arising from the statute of frauds, as it does not appear from the record that there is any statute in that state which affects the contract Stated 'in the plaintiff’s petition.
When this case was formerly here, we expressed the opinion…
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- Marie v. GarrisonThe Superior Court of New York City · 1883
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