Scharff v. Klein
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. In order to avoid the effect of section 2514, of the Revised Statutes of 1879, there must be, not only a delivery and receipt of the goods, but there must always be an acceptance by the vendee. Benjamin on Sales (4 Am. Ed.) sec. 139 and note 1; Kirby v. Johnson, 22 Mo. 354; Lovelace v. Stewart, 23 Mo. 384; Harvey v. Butchers’ Ass’n, 39 Mo. 211; Delventhal v. Jones, 53 Mo. 460; Benjamin on Sales (4 Am.
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Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. In order to avoid the effect of section 2514, of the Revised Statutes of 1879, there must be, not only a delivery and receipt of the goods, but there must always be an acceptance by the vendee. Benjamin on Sales (4 Am. Ed.) sec. 139 and note 1; Kirby v. Johnson, 22 Mo. 354; Lovelace v. Stewart, 23 Mo. 384; Harvey v. Butchers’ Ass’n, 39 Mo. 211; Delventhal v. Jones, 53 Mo. 460; Benjamin on Sales (4 Am. Ed.) sec. 161, and note 12 ; Allard v. Geasert, 61N. Y. 1, 5 ; Rogers v. Phillips, 40 N. Y. 519, 530. Entire performance of…
1Opinion of the CourtRombauee, J.
This action was begun before a justice of the peace on the following statement:
“ St. Louis, February 6, 1887.
9 Munzesheimer & Klein,.
“ Bought of L. & A. Scharff, Dr.
To one jewelry case......................$40 00
To carpenter work, painting, packing and shipping.......................... 15 00
$55 00”
There was judgment for plaintiffs upon retrial of the cause in the circuit court for the amount claimed.
There was no controversy touching the fact of purchase of the case by defendant of plaintiffs, nor was there any controversy touching the fact that the charge for carpenter’s work, etc., was…
2Cases cited6 opinions
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Allen v. RichardSupreme Court of Missouri · 1884
- Lewis v. CarsonSupreme Court of Missouri · 1887
- Rabsuhl v. LackSupreme Court of Missouri · 1864
- Gordon v. MaddenSupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Schmidt v. RozierMissouri Court of Appeals · 1906
- I. H. Van Idour & Co. v. NelsonMissouri Court of Appeals · 1895
- Ludke Electric Co. v. Vicksburg Towing Co.Mississippi Supreme Court · 1961
- Carder v. PrimmMissouri Court of Appeals · 1891
- Davison v. NicholsonWyoming Supreme Court · 1928
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