Hening v. Powell
Supreme Court of Missouri
Mror to St. Louis Court of Common Pleas. It is proven and admitted on all sides in this case that a contract was made for the sale and delivery of a certain designated lot of flour, supposed at the time to contain 1900 barrels ; but after the whole lot was sold, be it more or less, it was ascertained that there were 1936 barrels.
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Mror to St. Louis Court of Common Pleas. It is proven and admitted on all sides in this case that a contract was made for the sale and delivery of a certain designated lot of flour, supposed at the time to contain 1900 barrels ; but after the whole lot was sold, be it more or less, it was ascertained that there were 1936 barrels. It will not be controverted that the vendor was bound to deliver the whole of the lot of flour sold before the vendee was liable to pay the price or any part of it. Nor is it presumed that there will be any difference of opinion as to what is necessary to constitute…
1Opinion of the CourtBay, Judge
This was a suit by attachment to recover $8,167.30, the value of 1934 barrels of flour, alleged to have been sold and delivered by plaintiffs to defendants in October, 1858, and which defendants agreed to pay for on delivery.
The affidavit, on which the attachment issued, stated that the defendants had failed to pay the price or value of the flour in the petition mentioned and delivered to defendants, which by contract said defendants were bound to pay upon the delivery thereof.
The defendants pleaded in abatement, that the plaintiffs never delivered to them the flour mentioned and described in…
2Cited by6 opinions
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Rastetter v. ReynoldsIndiana Supreme Court · 1903
- Rosenblatt v. TownsleySupreme Court of Missouri · 1881
- Creelman Lumber Co. v. DeLisleMissouri Court of Appeals · 1904
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