Afflick v. Streeter
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Eon. Alexander E. Waller, Judge. (1) The court erred in not sustaining a demurrer to the evidence because it clearly appeared (1) that defendant had no knowledge of the subsale to Rumans under a guarantee nor of the delay in shipping.
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Appeal from Boone Circuit Court. — Eon. Alexander E. Waller, Judge. (1) The court erred in not sustaining a demurrer to the evidence because it clearly appeared (1) that defendant had no knowledge of the subsale to Rumans under a guarantee nor of the delay in shipping. (2) that defendant had no notice that plaintiffs resold said hogs under a similar guarantee with privilege to the subpurchaser to resell, and (3) it being doubtful whether the plaintiffs guaranteed the hogs to Rumans and thereby become liable to him, the plaintiffs first instruction is* erroneous in holding the defendant liable…
1Opinion of the CourtBroaddus, P. J.
This suit is based upon contract. The case was here once before and is reported in 125 Mo. App. 703. It was reversed and on trial anew plaintiffs recovered judgment and defendants appealed. For the purposes of this appeal, it becomes necessary, in a general way, to again restate the case.
*715The plaintiffs’ cause of action is stated substantially as follows: In August, 1905, plaintiffs purchased from defendants a carload of hogs at the price, of $5.75 per cwt., to be delivered in the following month of September, that defendant represented the hogs to be of a kind and description that would sell…
2Cases cited5 opinions
- Brown v. WoodSupreme Court of Missouri · 1854
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Drumm-Flato Commission Co. v. Gerlach BankMissouri Court of Appeals · 1904
- T. W. Harvey Lumber Co. v. Herriman & Curd Lumber Co.Missouri Court of Appeals · 1890
- Afflick v. StreeterMissouri Court of Appeals · 1907
3Cited by2 opinions
- Leach v. BoppMissouri Court of Appeals · 1929
- State v. BrassfieldIdaho Supreme Court · 1921