Hollrah-Dieckmann Refrigerator & Fixture Co. v. St. Louis House & Window Cleaning Co.
Missouri Court of Appeals
Appeal' from St. Louis City Circuit Court. — How. Daniel D. Fisher, Judge. (1) This action is one in the nature of assumpsit for the sale of goods, wares and merchandise of the price of more than thirty dollars, and so within the Statute of Frauds. Schmidt v. Rozier, 121 Mo. App. 306; Tower Grove P. M. Co. v. McCormack, 127 Mo. App. 349; Pratt v. Miller, 109' Mo. 78; Shelton v. Thompson, 96 Mo. App. 327; Burrell v. Highleyman, 33 Mo.
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Appeal' from St. Louis City Circuit Court. — How. Daniel D. Fisher, Judge. (1) This action is one in the nature of assumpsit for the sale of goods, wares and merchandise of the price of more than thirty dollars, and so within the Statute of Frauds. Schmidt v. Rozier, 121 Mo. App. 306; Tower Grove P. M. Co. v. McCormack, 127 Mo. App. 349; Pratt v. Miller, 109' Mo. 78; Shelton v. Thompson, 96 Mo. App. 327; Burrell v. Highleyman, 33 Mo. App. 183. (2) There being no writing and no payment on account of the purchase price, it was error to refuse an instruction directing a verdict for the…
1Opinion of the CourtReynolds, P. J.
— Tbis action, instituted before a justice of the peace on an account for office railing, glass partitions and doors, the amount being $333, resulted in a verdict for plaintiff, from which defendant appealed to the circuit court, where on a trial before *210the court, a jury having been waived, judgment went for plaintiff for the amount claimed.
It was insisted at the trial in the circuit court that there was no evidence of delivery or acceptance of the goods, and as the sum claimed exceeded $30, and no memorandum in writing had been executed between the parties, that the transaction fell within…
2Cases cited5 opinions
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Garfield v. ParisSupreme Court of the United States · 1878
- Cross v. . O'DonnellNew York Court of Appeals · 1871
- Vietor v. StroockNew York Court of Common Pleas · 1889
- Earl Fruit Co. v. McKinneyMissouri Court of Appeals · 1896
3Cited by3 opinions
- Gray v. CooperMissouri Court of Appeals · 1925
- Ruediger v. DennisMissouri Court of Appeals · 1918
- Kemper v. AdamsMissouri Court of Appeals · 1919